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ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 33972
Experience:  Over 25 years experience
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I’ve been separated from my ex wife for 6 yrs and recently

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I’ve been separated from my ex wife for 6 yrs and recently divorced. Since separation I have had the kids on all my days off which varies between 2-3 days per week and always overnight on a Saturday night and also other times as well as holidays etc. Since a holiday in October the kids mother will not let them stay overnight again and said I can’t take them on holiday either because my oldest girl at 12 wanted a sleepover one night with my partners daughter and I allowed it for one night when we both had separate caravans as we have been doing for the last 5yrs. She states she has been advised to do this but I don’t think legally she can. In the divorce it is stated the previous arrangements for childcare so I’m not sure where I stand?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Crieff in scotland
Assistant: Has anything been filed or reported?
Customer: No just the arrangements were documented on the divorce papers
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: What other information would be useful?

Ok well on this basis your ex should not be stopping you from having the contact which you were previously having. You are entitled to stay overs and holidays. I would be minded to point this out and threaten court proceedings (the court would allow the holidays and stay overs etc) . Before starting court proceedings: it can take a while, I would be minded to get a solicitor to write and threaten such action.

Customer: replied 5 months ago.
Is that something you can do or would I see a local solicitor?
Is it correct that she could be advised/ legally d what she is doing?

It is not something which this service can do for you. I would be very surprised if a lawyer gave that advice. Basically because its wrong!

I hope that answers your question. Please ask anything as necessary.

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