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clairep80
clairep80,
Category: Scots Law
Satisfied Customers: 34277
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My partner has not seen his children for 9 years following

Customer Question

My partner has not seen his children for 9 years following a bad break up. However now wishes to get in touch with them. they are aged 15 and 12. we are going to write to his ex wife and ask for contact either by letter, phone etc. can she refuse to allow this to happen? and what if she says that the children don't want to see there father? how can we prove this or move it forward?

Submitted: 3 years ago.
Category: Scots Law
Expert:  clairep80 replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
was he married to their mother?
Does he know where they are?
Clare
Customer: replied 2 years ago.

No he is now divorced and we just know they are in a certain location.

Jen

Expert:  clairep80 replied 2 years ago.
Hi
When will the eldest turn 16?
Clare
Customer: replied 2 years ago.

Next August.

Expert:  clairep80 replied 2 years ago.
Hi
The law says that children are entitled to have contact with both parents and the courts will enforce this if necessary.
If his ex does not respond either positively or at all then the starting point is try try and negotiate with her using Family mediation
www.familymediationhelpline.co.uk
using a mediator also trained to work with children
It will be up to the children whether or not they wish to take this further
If his ex will not engage in Mediation then your partner can make an application to the court - details here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
clairep80,
Category: Scots Law
Satisfied Customers: 34277
Experience: 
clairep80 and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

ha sorry i pressed the wrong button, the service was great and very helpful

Expert:  clairep80 replied 2 years ago.
Hi
That is fine - I am glad to have helped
Clare
Customer: replied 2 years ago.

we have now contacted Steve's ex partner by letter asking for her to talk to the children to see if they want to talk to their dad by email, letter or any thing else.if she replies and says they don't want to have any communication with him, where does he stand.

a) do we have to take her word as read

b)or are we best going to a family solicitor, I dont feel mediation is the way forward as we live in Cheshire and they are in Scotland.

Thanks

Jen

Expert:  clairep80 replied 2 years ago.
Hi
If the children live in Scotland then it is Scottish Law which will apply
I shall opt out and transfer you to the correct section
Clare
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scottish solicitor.
If the reply isn't positive he can go straight to the sheriff court in Scotland, via a solicitor. The court will listen to both parties at a child welfare hearing. The children are also asked for their own views and can in fact have their own solicitor if they want.
The court will make such an order as it considers to be in the best interests of the children. It is very unlikely that a court will insist that a 15 year old do anything he doesn't want to do.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.