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

Hi. Im looking for some advice under (Scottish law). I separated

Customer Question

Hi. I'm looking for some advice under (Scottish law). I separated from my ex partner when I found out I was expecting our first child. He has chosen to have very little to do with our daughter so much so he moved to Dubai with work and returned every 8 weeks or so and has spent approx 15 hours with our daughter under supervised visits by myself she is now 14 months old. Also, he has only seen her for 2 hours in the last 8 months. He is not named on her birth certificate ( I have said he can be named as her father in an email) However, looking into this further I don't wish for this to happen. He has now moved back to the UK (London) and is looking to start taking our daughter. He has proposed he takes our daughter 1 day or 2 days once a month back in Scotland. What right do I have? Also in concerned about his parents the walk passed us when we see them. I don't feel it's in my daughters best interest to have him involved in her life or his parents. However, I know he will probably take this through the courts as he likes to win. I just want what's best for my daughter it's not about winning. Any advice would be much appreciated.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
I've read your narrative a few times and would like to clarify the following:
Is it the case that you consider it to be in the best interests of your daughter that the father has no contact and no interest in her life at all?
Customer: replied 3 years ago.
yes I consider it to be in my daughters best intrest for her father not to be involved in her life.
Customer: replied 3 years ago.
Hi wants to get added onto my daughters birth certificate. If he takes this through the courts will it go in his favour? And get added on also, his has just mentioned this and our daughter is 14 months old now.
Expert:  JGM replied 3 years ago.
The general rule is that a court will make a contact order to an absent parent unless it is not in the best interests of the child for such an order to be made. If the child is young, the fact that the father has not been exercising contact regularly will be a factor but not a determining factor.
What are the full reasons you consider it not to be in your daughter's best interests that a contact order be made.