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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11550
Experience:  30 years as a practising solicitor.
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Could you please let me know what would be the likely decision

Resolved Question:

could you please let me know what would be the likely decision of child welfare hearing. My ex-husband and I are separated for 11 months now. We have 3 year old son. We have signed a legal separation agreement about contact times and since then I have not make a breach of it. He has his son currently every second weekend Saturday morning to Sunday evening and 3 weeks during the year. Now my ex-husband want to have shared responsibility 50:50.
Submitted: 2 years ago.
Category: Scots Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question. I am a family Solicitor and am able to help.
It is the child's right to be able to spend time with both parents and this normally prevails unless there are any child protection concerns.
Have Cafcass made any recommendations in your case? If so what does it say?
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 2 years ago.
Sorry just noticed your in Scotland so opting out
Kind regards
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and can help you with this.
Shared responsibility of a 3 year old is unlikely in Scotland. The child is too young to be taken between two homes and the court will want the child to have stability with one parent "with care" and the other having regular contact.
Every case is individually judged on its merits but the norm in Scotland is that one parent has the child in residence and the other has contact, often at weekends and holidays.
The court may want to see father getting some increased contact but it would be very unlikely to order a 50:50 split u less there is a very good reason for doing so, such as mother working shifts or something like that.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11550
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you