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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11743
Experience:  30 years as a practising solicitor.
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in Scotland, does a mother have the soul right to custody over

Customer Question

in Scotland, does a mother have the soul right to custody over the children in the event of a marriage breakdown?.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

No that is not correct. Where mother and father were married to each other both have equal parental rights and responsibilities. Who the children stay with after the breakdown depends on what is considered to be in the best interests of the children.

If the parties can't agree that then the court will decide.

In reality, if the mother is remaining in the family home, it is more normal than not that the children will stay there with her and the father will be granted contact to the children.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

my wife has taken the kids and lives in temporary accommodation at the moment, I have the marital home souly in my name and work full time. I offer financial security and domestic security. at present I have very limited access (1 day per week) do you think Im intitelled to more access to my children.

Expert:  JGM replied 4 years ago.
Yes I do, assuming there is nothing to suggest that would not be in the best interest of the children. One day per week is not nearly enough contact for a loving father.
Customer: replied 4 years ago.


how would I go about starting to gain more access.

Expert:  JGM replied 4 years ago.
You would see a solicitor and make an application to the court for a suitable contact order.