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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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My partner left me three years ago with our son who at the

Resolved Question:

My partner left me three years ago with our son who at the time was 10 months old.
I'm a South-African male now based in Cape Town and my ex-partner lives in Edinburgh with her partner since she left Cape Town back in 2012. I'm granted access to my son via skype once a week as long as I stayanonymous as his father.
He is raised to believe that the new partner is his Dad.
I obviously want my son to know who his father is and I want to be part of his life.
I want some form of a parental agreement drawn up that will allow me a certain amount of days of the year access to my son. Does something like that exist? And if so what steps can I take in order to achieve that?
To go and visit him in the U.K or to fly him over to us in SA?
At the moment there is nothing in place that ensures contact between me and my son.
We've never been married his mom and I.
My maintenance payments are also up to date.
Jacob, my son is now 4 years old.
I'm concerned over the emotional impact this lie will have on him when he later discovers who his dad is. Is there any way I can fight this?
Basically as long as I stay anonymous I can have contact with my son.What can I do to fight for the right of my son to know his father and for us to have time together?
My name does appear on his birth certificate.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
South Africa has no jurisdiction in this matter. If your partner doesn't agree to what you want your only remedy is to instruct lawyers in Scotland to apply to the court for an order for contact as the child's father. That in all probability would mean that you would have to exercise contact in Scotland on a periodic basis. It is very unlikely that a court would allow you to take the child out of Scotland, certainly in the early years.
Your lawyer in Scotland should be based locally to where your son stays as the action will take place in the sheriff court there. Although the lawyer will be able to deal with the procedural hearings you will have to attend any substantive hearings and you may have to give evidence in court at some point during the proceedings so you will have to factor in the travel and other financial commitments.
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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