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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Hello My ex-husband and I split when our son was 9 months

Customer Question

Hello
My ex-husband and I split when our son was 9 months old. He didn't want children. He has however been involved in our son's life and although he hasn't been hands on and doesn't seem to make our son his priority, he now wants our son to go and live with him next year and has suggested changing his schools. Our son is in Primary 1, he has just settled into his school. I have been his sole carer since day on. Hence I don't agree. My ex-husband says I can't refuse as we have 50-50 parental responsibility. Please let me know where I stand. Thank you
Sonya Winters
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You do have equal parental responsibilities and rights under the Children (Scotland) Act 1995. However, that does not mean that your husband can uproot your son from your care and take him to live with him. That is just nonsense unless there is some pressing reason that causes it now to be in your son's best interests to live with your ex husband rather than with you.

What reason has been given?
Customer: replied 3 years ago.

Thank you. There is no pressing reason. He says he wants to spend more time with him. He he our son every other weekend (Thurs-Sun) and a fixed night each week, which he cancels occasionally due to work commitments, and I have never denied him access, in fact I have always encouraged him to spend time with him, but he does not seem to fight for this. Fact. An example: it is his weekend this weekend but I have been invited to a child-friendly weekend away with friends, so asked to take our son with me, which has been agreed, yet my ex-husband has plans next weekend as he and his girlfriend have visitors so he cannot swap the weekends, which means that will be 3 weekends in a row he does not see his son for quality time....

Expert:  JGM replied 3 years ago.
Thank you for your reply.

There is not a judge in Scotland that will interrupt the status quo here and award a residence order to your ex husband so you can stop worrying about that.

The only issue for you is to decide to what extent if any you are prepared to increase the contact that he gets. This generally increases naturally with the age of the child. At this stage, however, I don't think that your ex is anything more than a weekend father and I would be inclined to stick to what he has any the moment and do not agree anything more.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you very very much.


Sonya

Expert:  JGM replied 3 years ago.
You are welcome.

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