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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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I already have a court order in place , after only

Resolved Question:

I already have a court order in place for contact, after only 5 months my ex partner is taking me back to court to change it. Can he do this?
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.
How old is/are the child/children?
What is the current pattern of contact and what does your ex want to change?
Clare
Customer: replied 2 years ago.

I have 2 children age 10 and 6, the current agreement is Monday night for tea, overnight contact Friday one week Saturday the 2nd, also contact over the phone tues and thurs, he wants to change it too one week mon for tea fri-sun overnight then week 2 mon and wed for tea!

Expert:  clairep80 replied 2 years ago.
Hi
Is there any reason why it shoudl not be alternate weekends so that you each get a full weekend with the children?
Clare
Customer: replied 2 years ago.

The children don't want to go every 2nd weekend, they both need regular weekly overnight contact, they had been messed around for 2 years before the court order was in place and they were both reluctant to go. I also now work my working commitments around this, I can work every weekend with the order in place if it changes I can't therefore financially I'll be struggling.

Expert:  clairep80 replied 2 years ago.
Hi
Would you be willing for him to have them two nights one week and one night the next?
Clare
Customer: replied 2 years ago.

Yeah but he won't, he isn't asking for a full weekend so he can have them for 2 nights, he wants a weekend off! I just don't see why he can take me back to court for no genuine reason, he hasn't even been sticking to the current court order.

Expert:  clairep80 replied 2 years ago.
Hi
What contact has he actually been having then?
Clare
Customer: replied 2 years ago.

He has them on a Monday 5-8.30 pm alternate weekends Friday one week Saturday the next. He is also supposed to call them twice a week.

Expert:  clairep80 replied 2 years ago.
Hi
My apologies - I thought you said he was NOT sticking to the correct pattern of contact?
Clare
Customer: replied 2 years ago.

He's not, this is the contact he is supposed to have. He hasn't turned up for them on 1 occasion, his solicitor did inform me of this but only a week before, he asked to switch days and times but I had already made work commitments so it wasn't possible. It's the contact over the phone thats the main problem. I'm not entitled to legal aid as I own a house I don't live in, I live with my mum at the moment because I've went through a hard time since the split. I did initially pay for a solicitor but I just can't afford it. All I want is routine for the kids, I'm just a but amazed that after only 5 months he can drag me back to court. Thanks

Expert:  clairep80 replied 2 years ago.
Hi
In fact Legal Aid is no longer available for these cases in any event.
has he made a Mediation appointment yet?
Clare
Customer: replied 2 years ago.

No, there has been no mention of mediation. He has already been granted legal aid back in September of last year, I tried to oppose it bit he was still granted it.

Expert:  clairep80 replied 2 years ago.
Hi
What was he granted it for and was September the final hearing?
Clare
Customer: replied 2 years ago.

He was granted it for contact and parental rights, December was the final hearing, his solicitor tried to push for another one but the sheriff didn't allow it because I was representing myself.

Expert:  clairep80 replied 2 years ago.
Hi
Ah
I think you are in Scotland, and accordingly need the assistance of a Scottish lawyer!
I shall opt out and transfer you.
There will be a delay - but my colleague is well worth waiting for
Clare
Expert:  JGM replied 2 years ago.
Thank you for your question.
I'm a solicitor in Scotland. I've read the exchanges with my colleague, Clare, and these are helpful.
In Scotland the court tries to accommodate both parties as regards ***** ***** that the arrangements are in the best interests of the children.
With that in mind can you summarise why the current arrangement is acceptable to you? Also did you object to the current arrangements and the court imposed them or was that ordered by agreement?
Finally, why would the sought after arrangements not work for you?
I appreciate that you have touched on this above but your help is appreciated.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

No I never objected to these arrangements, these are what we both agreed to in court.

He never stuck to any arrangement before continuously letting the children down forcing me to stop contact altogether.

After it went to court I thought that would be it both of us we're happy but more so the children now have a stable routine. The court order was only granted 5 months ago.

My children are 10 and 6, I believe they need regular weekly overnight contact, I honestly think he should take them more than one night. I have spoken to bother the children and they are not happy with what he wants.

Expert:  JGM replied 2 years ago.
From your helpful narrative my opinion is that unless there is some change of circumstances which is material to the issue of contact, a court will not change the present order.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience: 30 years as a practising solicitor.
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