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: 13677
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

I live in Scotland. I'd like to know what my rights are

This answer was rated:

Hi I live in Scotland. I'd like to know what my rights are as a recently single mother. My ex partner and I seperated a month ago. I have been unsure as to what was a cut ally happening with us as he hasn't actually spoke to me after me trying to speak although he has still been coming over to the house most days. We have 6 month old baby boy. There has been a lot of pressure and emotional blackmail from him over the past year. He forced me to continue with the pregnancy when I simply wasn't ready saying awful things I'll tell u if u need to know he forced his family on me he pressured me to name my son a name I didn't want he forced me to put him on the b.c when I told him I didn't want to because we weren't married and I cancelled the app that day because off his behaviour yet he phoned back to say we would be up to register and forced me to go. People have said no one can force you but he has. He has now been to a lawyer wanting contact two evenings a week two nights one weekend then one day in between weekends making out he hasn't seen our son but he has seen him almost every day. I have been suffering pnd and he is trying to use that against me even tho we have Ben recommended relationship counseling he hasn't been willing and the dr and my therapist have both spoke with him explaining to lay off all the pressure and focus on our family and to support me yet he hasn't. Where do I stand
Thank you for your question.
As he is on the birth certificate you both have equal parental rights. As you are the parent with care you have the day to day responsibility for care. He has a duty to maintain contact with his son and to pay maintenance.
See online the Children (Scotland) Act 1995. Both parents have to be concerned in the education and welfare of the child and to act at all times in the best interests of the child.
From what you say he is not doing that and he is being forceful and a bit arrogant.
As he has now communicated to you via his lawyer it is time for you to see a lawyer and to either negotiate a contact regime that both of you are happy with and can stick to. Alternatively it may be that the court would have to consider you circumstances and make an order if he isn't going to attempt to sort this.
First step is for you to see a lawyer of your own.
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