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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12069
Experience:  30 years as a practising solicitor.
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i have been separated for 5 nearly 6 years now . my chid

Customer Question

i have been separated for 5 nearly 6 years now . my chid is 12 and stays with her mum and I want too find out about my rights too access too my child
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

Under the Children (Scotland) Act 1995 you have a right to contact. Here is the relevant legislation:

See section 2 as follows:

"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."

So you are entitled to contact to your daughter. A matter of principal. You will have to apply to the sheriff court. If you have not done so so far you will have to provide an explanation as to why not. Your difficulty here is that if your daughter does not want to see you given that she is 12 the court is likely to go with her wishes.

See the same Act I refer to above which says basically that a child of 12 can make up its own mind:

"6. Views of children.
(1) A person shall, in reaching any major decision which involves
(a) his fulfilling a parental responsibility or the responsibility mentioned in Section 5(1)
of this Act; or
(b) his exercising a parental right or giving consent by virtue of that Section,
have regard so far as practicable to the views (if he wishes to express them) of the child concerned,
taking account of the child's age and maturity, and to those of any other person who has parental
responsibilities or parental rights in relation to the child (and wishes to express those views); and
without prejudice to the generality of this Subsection a child twelve years of age or more shall be
presumed to be of sufficient age and maturity to form a view."

I suggest that you see a solicitor. I have given you the basic legal position but your own solicitor can look at your specific circumstances.

I hope this helps. Please leave a positive response so that I am credited for my time.