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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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Good afternoon. My son was told on fathers day to back his

Resolved Question:

Good afternoon.
My son was told on fathers day to back his bags and leave the house she owns. Like a nice guy he did. House is hers. He is having trouble getting access to his son. Am I right in saying he has equal rights. Has he got rights to see him more than 6 hours a week ? When he is over , she is there overlooking things.
He baby sits 2 to 3 nights a week but had to appear at the door at a given time. ie an hour before his sons bedtime.
Tom
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If they are married or if if he is named on the birth certificate both parents have equal parental rights and responsibilities. What that means is that they both have a say in the upbringing, education, welfare etc and both have the right to see the child (see online the Children (Scotland) Act 1995).
The extent to which the absent parent gets contact to his child depends on particular circumstances and what is in the best interests of the child. Some contact arrangements are almost 50:50 with the parent with care. Others are every second weekend and one night through the week. There is no rule other than what is deemed to be in the best interests of the child. The parents should deal with this between themselves. If they can't agree then one or other party would have to go to the court and ask the court to decide, again based on the best interests of the child.
Factors to be taken onto account would be age of child, wishes of a child old enough to express wishes, geographical location, parents' work commitments.
If your son can't get this fixed he should see a lawyer. Of she withdraws all contact without a good and sound reason the court will come down on her like a ton of bricks!
I hope this helps.
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