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I have been going through mediation for the past 5years with my child’s father. The last contact was in Feb 2012 as he has never appeared again since. He has now reappeared and wants access to my son, again. My son is 5. This is now the 3rd time that he has disappeared and reappeared in his life, every time has been documented by solicitors. I am now at the point of despair as the last ‘no show’ had an effect on my son in that he was very upset and would not leave myself or my partner for any length of time, for fear of us not coming back. I have been with my partner (now fiancée) since my son was about 7 months and it is my partner whom he calls ‘dad’ he has been in his life almost every day since we got together. We bought a hose together 2 years ago and are getting married in May 2014. I feel that mediation is not working and I have no option but to allow a court to make a decision. I am not entitled to legal aid, but he is as he is on a low income. I hear that legal aid changes in April of this year – will he still be entitled to legal aid if this goes to court? And, what chance does my partner and I have if we were to apply to the court for parental rights / responsibilities for my son if his father has been estranged for the past 12 months? We live in Scotland.
Thank you. We would like to apply for parental rights / repsonsibilities for my finacee, however it seems very daunting as most of the information I have read on this seems to be fairly in favour of the biological father - do you believe that we would have a strong case for this and if we were to go ahead and apply for this, would my child's father have to reapply for legal aid to fight the case?