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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11564
Experience:  30 years as a practising solicitor.
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My daughter has 2 children aged 6 and 3 with her ex partner

Resolved Question:

My daughter has 2 children aged 6 and 3 with her ex partner - she has always tried to keep a relationship with him and his children even although he drinks every day, is in fights most weekend and is known as a bully amongst his acquantances and is known to deal drugs. He has been in prison on either 2 or three occasions. My daughter would receive threats on a daily basis and abusive texts but she always made sure the children saw him at least once a week - mostly having to phone him on the day he was due to see them tyo remind him and then drive them to his house. He is violent towards his present partner and was arrested last Monday for domestic abuse and is bailed until January. My daighter received a solicitors letter a few weeks ago which more or less demanded that contact be given to him to see the children - it has been 16 weeks since he contacted my daughter to see the children. She has today received a letter from his solicitors advising that he is taking her to Court and is applying for legal aid. He works on and off but doesn't declare it so she received no maintenance whatsoever. Social workers have been involved and advised my daugher to make sure the children are safe - there has already been a cause for concern on two occasions as to the children seeing their father. She is of course very concerned - a second opinion would be extremely helpful. Thank you.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
She could raise her own court action for a residence order for the children and an order preventing him from contacting her or the children given his past record of violence.
Alternatively you can wait until he applies for legal aid and then have her solicitor object to his application. If he raises proceedings then you can ask the solicitor to oppose any application for contact. From what you say such opposition is likely to be successful. At best he will only get contact on a supervised basis.
Given the ages of the children a sheriff will only make a contact order if he or she is absolutely sure that no harm will come to the children.
I hope this helps. Please leave a positive response so that I am credited for my time.
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