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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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Hi, My partner and I are based in Scotland. My partner, who

Resolved Question:

Hi,
My partner and I are based in Scotland.
My partner, who is going through a divorce from his wife, has been receiving letters from her solicitor reiterating the phrase 'main carer'. His wife is trying to limit the period of time he can speak to his children to between 5pm and 7pm each day which is almost impossible for him as he doesn't finish work until 6pm. When he can call during that time period the girls are either having their tea, doing homework or some other reason is given as to why he can't talk to them at that time. The girls are aged 10 and 12. He calls at around 8pm or texts and he has been told by one of his girls that she cant talk to him 'because mum would get angry'.
What rights does his wife have as main carer? They are separated and so no custody battle has taken place. Can she dictate the terms like this? He never calls at an unreasonable hour when the girls would be in bed or anything like that.
Any advice as to if the term 'main carer' has any legal weight or standing woud be really appreciated.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

There is not really any legal standing to the phrase "main carer" in Scots law. What is meant is that there is one parent with whom the children mainly reside and another who has contact to the children.

Contact includes telephone contact and it is the duty of the parent with whom the children reside to facilitate reasonable contact with the absent parent. She can't dictate unreasonable or unrealistic terms and from what you say, as long as the children are not going to bed at 8pm, there would appear to be no reason why he shouldn't be permitted to call his children at that time.

She should be told that by your partner's lawyer and if she can't accept that then your partner can go to court for a formal contact order to the children. Hopefully, however, common sense will prevail and that won't be necessary.

I hope this helps. Please leave a positive response so that I am credited for my time.
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