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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10647
Experience:  30 years as a practising solicitor.
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Ive already been served the citation,can he add extra to it

Resolved Question:

Ive already been served the citation,can he add extra to it at hearing
Submitted: 2 years ago.
Category: Scots Law
Expert:  clairep80 replied 2 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.
Which part of the Uk are you in?
Clare
Customer: replied 2 years ago.

scotland

Expert:  clairep80 replied 2 years ago.
Hi
Then I shall opt out and transfer you to the correct section
Clare
Customer: replied 2 years ago.

he is asking for less,than I gave him,he use to get extras,untill I stopped them last month.he wants our son every Wednesday and second Saturday,when he's here,so that's all I'm giving him.the extra was stopped

Expert:  JGM replied 2 years ago.
Thank you for your question.
Are you referring to a child welfare hearing.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

yes,we have one in 4 weeks I have been served a citation,can he cahange anything from the original one,when he's away 3 weeks,he wants his father to take over the responsibilities can he do this

Expert:  JGM replied 2 years ago.
If he want to change what he asking the court to do, he would have to make a written amendment to his Initial Writ. He can't stand up and ask for something at th child welfare hearing that he hasn't asked for in th writ as that wouldn't give you fair notice.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10647
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

can he pass on parental responsibilities to his father,when he's away the 3 weeks,so they can tell me how to bring up my son,

Expert:  JGM replied 2 years ago.
No, absolutely not. Parental rights and responsibilities aren't transferable at the whim of a parent.
Customer: replied 2 years ago.

when he gets parental responsibilities,does he have the right to call up and dictate,on the day to day upbringing of our son,

Expert:  JGM replied 2 years ago.
No to dictate, no, but to participate. The law says:
"1. Parental responsibilities
(1) Subject to [ Section 3(1)(b), and (d) and (3) ] 1 of this Act, a parent has in relation to his child
the responsibility
(a) to safeguard and promote the child's health, development and welfare;
(b) to provide, in a manner appropriate to the stage of development of the child
(i) direction;
(ii) guidance,
to the child;
(c) if the child is not living with the parent, to maintain personal relations and direct contact
with the child on a regular basis; and
(d) to act as the child's legal representative,
but only in so far as compliance with this Section is practicable and in the interests of the child."
"2. Parental rights.
(1) Subject to [ Section 3(1)(b), and (d) and (3) ] 1 of this Act, a parent, in order to enable him to
fulfil his parental responsibilities in relation to his child, has the right
(a) to have the child living with him or otherwise to regulate the child's residence;
(b) to control, direct or guide, in a manner appropriate to the stage of development of the
child, the child's upbringing;
(c) if the child is not living with him, to maintain personal relations and direct contact with
the child on a regular basis; and
(d) to act as the child's legal representative.
(2) Subject to Subsection (3) below, where two or more persons have a parental right as respects
a child, each of them may exercise that right without the consent of the other or, as the case may
be, of any of the others, unless any decree or deed conferring the right, or regulating its exercise,
otherwise provides.
(3) Without prejudice to any court order, no person shall be entitled to remove a child habitually
resident in Scotland from, or to retain any such child outwith, the United Kingdom without the
consent of a person described in Subsection (6) below."
You can read more in the full text of the Children (Scotland) Act 1995 which is available online.
Customer: replied 2 years ago.

ok,so how can he guide,participate ,direct,have a say in our son health and well being,when he sees him 25 days a year ,3 days every 6 weeks,

Expert:  JGM replied 2 years ago.
He can't, really, but that won't stop the court from making an order for parental responsibilities. The extent to which he will be able to exercise those will depend on the contact he exercises.
Customer: replied 2 years ago.

so maybe the courts miight say,his parental responsibilities can only be used when he's here,which will be 2 Wednesdays,and 1 Saturday,out the 3 weeks he's back,

Expert:  JGM replied 2 years ago.
He can only exercise his parental rights of he is present to do so and actually does so, yes.
Customer: replied 2 years ago.

thank you,now that makes me happy ūüėä

Expert:  JGM replied 2 years ago.
You're welcome.
Customer: replied 2 years ago.

my son has just to

ld me he's getting a form to fill in on where he would like to live,he's 12 will the judge take him off me to allow him to live at his grandparents,as he cant stay at his dads,as he's 3 weeks on 3 weeks off,or will they have to prove me an unfit mother first,which I'm not

Expert:  JGM replied 2 years ago.
No, it's unlikely they will move your son if he doesn't want to be moved. If the grandparents aren't part of the action, the judge is not going to allow them to baby sit just because the father isn't there.
Customer: replied 2 years ago.

but what if my son wants to live with them

Expert:  JGM replied 2 years ago.
The court will consider his wishes as part of the overall consideration of the case.
Customer: replied 2 years ago.

so they will allow visitation,but not take my son off me

Expert:  JGM replied 2 years ago.
If that's what the evidence suggests, yes.
Customer: replied 2 years ago.

I will be opposing parental responsibilities,as he cant exercise any of the legal requirements,he's 400 miles away,only sees his son 3 days out of every 6 weeks,if ,god forbid our son needed an life threatening operation,he works 12 hour shifts,he's not allowed his phone at work.so it would be at least 13 hours before he got the message,then he would have to try get a flight from the shetlands to aberdenn,,if the weather permits him to be lifted of the island,then a 5 hour journey,home,so no.im not waiting 2 days at least on waiting on his return to saign a paper

Expert:  JGM replied 2 years ago.
All good arguments.
Customer: replied 2 years ago.

but will that be enough for a judge to listen at the hearing,my son was born by emergency section,we both nearly died,I'm damn sure no man should have more rights than a mother

Expert:  JGM replied 2 years ago.
The judge will take that into account. However, don't advance an argument that no man should have more rights than a mother. That may be how you feel but an argument like that will get you into difficulties. Your solicitor will not be prepard to advance that argument as it is wrong in law.
Customer: replied 2 years ago.

but its true,no man,will ever have the bond,a man dosnt carry a child,dosnt go through morning sickness,the scare of pre eclampsia,being told your baby is in distress and you need to go to theatre,for an emergency section.on which we both nearly died,no man should have the same rights as a mother

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