How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 7
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
Type Your Scots Law Question Here...
Ben Jones is online now

Hello, I am still legally married to my husband but we have

Customer Question

Hello, I am still legally married to my husband but we have been separated for over a year now, I am seeking a divorce on a two year separation from March 2014, we have a daughter together, he had a contact order ordered by the judge then just stopped all contact with me and his daughter back in March 2013, my daughter had to turn up for contact every time and he didn't turn up and with no explanation he stopped the contact order through his solicitor.
My question is when I get divorced would it be possible for me to change my daughters surname as it is it is double barreled at the moment, i just want to drop his name, my daughter had to see doctors due to having nightmares and bed wetting issues due to being in her fathers home and presence and the lack of it too, which my solicitor is aware of and have letters from the doctors too, he was also physically and emotionally hurting my daughter, which has also been noted by doctors and my solicitor, now I feel that it would be in my daughters best interests if her name was changed due to the lack of contact with her father he obviously isn't interested anymore and my eldest daughter still has my maiden name, I don't want my youngest to feel left out being named different to her sister, I do get child maintenance from the CSA because he wouldn't give me any direct. I live in Scotland and I know the law is different to England and other countries. I also wanted to know if I moved abroad could he try and stop me, he has been convicted of assault on my eldest daughter, at the moment he talks to my so called friends bad mouthing me and I just want a fresh start and break from him and them, I feel moving away is my only option.
Submitted: 4 years ago.
Category: Scots Law