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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I am getting divorced in Scotland and have been served papers

Resolved Question:

I am getting divorced in Scotland and have been served papers I am happy with all but am unsure as to one section to deal with our daughter
"The child of the parties marriage resides with the pursuer at the address in the instance and has done so since the parties separated. There are no permanence orders as defined in section 80(2) of the adoption (Scotland) Act 2007 in force in respect of the said child. The parties have an amicable arrangement in relation to the care of the child.The defender generally has contact with the child for at least 2 nights each week and for extended periods during school holidays. The child has no special needs and is happy healthy and well cared for. The present arrangement for her care and upbringing are in her best interests. No order is sought in terms of the Childrens(Scotland) Act 1995
I am happy enough with this so long as I am sure I am not signing away custody of my daughter or waiving any parental rights
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You are right to ask this but you have nothing to worry about. There is no such thing as custody or access any more. Where both parents of a child are married to each other, both have equal parental rights and obligations, unless and until these are adjusted by a court, hence the averments in the Initial Writ about no orders being necessary.
You are not signing away any parental rights and as I say there is no such legal concept as custody which was abolished by the 1995 Act. Now we have parents with whom the child resides and parents who have contact with the child. In many cases this can be almost be a joint arrangement.
I hope this helps. Please leave a positive response so that I am credited for my time.
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