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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2266
Experience:  Dual qualified Solicitor and Attorney
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What have I got to my to children when there mum mum has

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Hi what Wright have I got to my to children when there mum mum has passed away 18 month ago and thay are living in Scotland ,?
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the uk
Assistant: What steps have you taken so far?
Customer: I was told to get answer it cost me £500
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My ex wife made her partner (not married) their legal guardian in her will. He is preventing me, their maternal grandparents & other relatives from accessing the children. I cannot even get access to their school reports. I am paying maintenance to him but I need to know what rights I still have as a parent. I am particularly concerned as my son who is now 17 has cerebral palsy & an academic age of around 12 & disabilities. My daughter is 12.

Hi thank you for your message, are you on the children's birth certificate or were you married to their mother at the time of the birth of the children? As a preliminary consideration, the guardian in the will provision does not overrule you as their father.

Customer: replied 7 days ago.
Hi, yes I am on the children's birth certificate & yes we were married at the time of the children's births. The step father is not 'parenting' them more 'friending' them they are being allowed to do what they like. I have been blocked from all contact including g medical info & school reports.

Hi thank you for your message, as the remaining parent with parental responsibility you would have priority over the children. I therefore recommend you apply to court for an order which would grant you custody of the children. I recommend you hire a solicitor to do this for you. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 days ago.
Hi, can I obtain a legal letter or something that will enable me to obtain info about my children & ensure that they are being properly looked after?

Hi thank you for your message, your best option is to get a court order because then you get custody. If you do not want custody but rather contact and information, then you can also get a court order about this. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 days ago.
Thank you for the info. As I am in the south of England how do I proceed with a court order - can I do this from here or will it have to be done in Scotland?

Hi thank you for your message, as Scotland is a separate legal jurisdiction the best option would be to instruct a Scottish qualified lawyer close to you if there is one available or if not instruct one in Scotland to obtain and enforce the order. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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