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 JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

I had the agreement of my ex-partner to take my children (she

This answer was rated:

I had the agreement of my ex-partner to take my children (she is the primary carer) to Spain for a weeks holiday. For no good reason she now tells me I maybe won't be able to do so. The trip is to take place on Sunday 6th July! I believe that she is being unreasonable and is abusing her power as primary carer. We live in Scotland and I presume that this issue would be governed by Scottish Law. Do I have any practical immediate solution to this if she digs her heels in and says I can't have them?
Thanks in anticipation of your advices.
Yours aye, Gordon
Thank you for your question.

Unfortunately you have one day, tomorrow, to see a solicitor and get this into court. Realistically that won't happen.

I think you have to point out to your ex that you do have rights of contact and the trip is booked and that if she acts like this she will upset the children who are presumably looking forward to going away.

If that doesn't work you can make it clear to her that you will take her to court to get a contact order for the next time, you will ask the court to make her pay the costs of the court action and the likely reaction of a sheriff to her stance this time round is likely to be unfavourable to her. Sheriffs do not like parties who act like she is acting especially when the behaviour is likely to have an adverse effect on the children.

Finally, as she have her agreement and then withdrew it you could seek the cost of the holiday from her in my opinion.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you