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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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My son is round with me every two weeks weekend. For

Customer Question

My son is round with me every two weeks for the weekend. For years it has been myself and my family that have done the driving both two and from his mother's address, as she always said she was unable to drive. She is now able (and does) to drive, and I have agreed with her that I pick my son up on Friday, and she pick him up on Sunday. This worked for a few months. She had now decided that is not going to work anymore, and had stopped pick him up. We are now at the stage that my son is at with me, and she hasn't come to collect him. I won't take him as she refuses to acknowledge our previous agreement. She has now said she will phone the police. So I'm awaiting there arrival. I'm not on the birth certificate. We live in Scotland.
What should I do right now? And what can I do tomorrow when I see a solicitor.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If there is no agreement in writing and no court order about travel arrangements then you will have to instruct your lawyer to apply to the court for a direction on this. You should get a contact order, a parental rights order and a specific issue order about delivery.
Until then typically the person exercising contact would be responsible for transport.
The police should NOT get involved in this as it is a civil matter and there is no risk to the child.
Ask your solicitor to write a letter to your ex about this and if necessary tell you what is involved in court proceedings.
I hope this helps. Please leave a positive response so that I am credited for my time.