How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My son is six. He stays with his dad every second Saturday

Customer Question

My son is six. He stays with his dad every second Saturday for one night. We have never been together since discovering I was pregnant. He has been paying main tangency for four years after he went to lawyers as he refused to have any contact with me. We started communicating again around my sons third birthday, however most contact he made with me was aggressive and not useful. My son is continually stressed by his dad when he visits and finds it difficult to speak to him openly. My son refuses to spend two nights, yet his father keeps insisting and says we should lie to my son to get him to spend two nights. I do not want to lie to him as I know the repercussions would be awful. Can my son legally refuse the two night stay?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your son is too young to decide on the issue of contact so he can't refuse or not refuse from a legal point of view. However if the father has no contact order for two nights you aren't bound to give him contact. He would have to go to court and say why he thinks it would be in your sons best interests to have contact for the two nights as opposed to the one.

A court won't make ann order for increased contact unless it considers it to be in the best interests of your son.

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 3 years ago.
What age can my son legally state what he wants in view of access?
Expert:  JGM replied 3 years ago.
The age of 12 is the age that his views have to be considered.