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: 11133
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My ex partner has threatened to pick up our son from nursery

Resolved Question:

My ex partner has threatened to pick up our son from nursery without my permission . Can he? he is named on the birth certificate
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

He has parental rights, but is not allowed to remove the child from your care as you are the parent with care and the nursery will respect that. You should tell the nursery that under no circumstances is your son to be removed by your ex partner and that he doesn't have your authority to do so.

Also get your solicitor to write a letter threatening court proceedings in the event that he doesn't withdraw this threat in writing.

If he doesn't then you would be justified in withdrawing what contact he has and letting him go to court where the court will grant a suitable order either withdrawing his parental rights or restricting contact.

Note that parental rights can be withdrawn by a court if they are being abused.

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