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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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I'm currently going through a rather messy marriage break up

Resolved Question:

I'm currently going through a rather messy marriage break up which unfortunately ended up with me self harming due to the stress which I have now recovered from. Because this happened my wife thinks I am a risk to her and my son and is restricting my access and deciding when and how I can see him. The police have not pressed and charges and the hospital and doctors have all cleared me as a non threat yet she still is stopping me from seeing him. I have no history of violence and did not and have never threatened anyone.
What can I do in this situation?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You and your wife both have parental rights in respect of your child. For that reason it is not for your wife to dictate to you that you cannot see him.
You will need to engage the services of a solicitor to take your wife to court and obtain a contact order in respect of your son. The contact order will be made by the sheriff and both parties will require obey the order. The order will say when, on what days and at what times you are to see your son and whether that is to be on a day basis or an overnight basis .
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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