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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12554
Experience:  30 years as a practising solicitor.
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Scots law in relation to family. My daughters dad's name is

Customer Question

Scots law in relation to family. My daughters dad's name is ***** ***** birth certificate. She is now 18 months old. He has been stubborn and resentful since I got pregnant. He wants contact with our daughter but not with me. He is emotionally abusive. He has only offered £40 a month maintenance - he has been working. We've been going to therapy to try and figure it out. Our therapist last week said she couldn't help anymore - that he was still not coming from a place of generosity and that he was emotionally abusive towards me. I want to protect me and my daughter. I want custody. I want to know that if his mental health continues to be an issue that I have the right to reduce his contact time with our daughter.
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

Thank you for your question. I am a solicitor in Scotland. To what extent is he getting contact at the moment and what is the nature of that contact? What does he earn?

Customer: replied 5 months ago.
I don't know his earnings - I asked, he won't disclose them. He works freelance so they will be variable. He sees her 3 days a week. So it's not insignificant.
Expert:  JGM replied 5 months ago.

As far as maintenance is concerned you can make an informed decision on what he is offering you without knowing his earnings because that is what maintenance is based on; gross earnings of the absent parent, how many other children he has, if any, and the number of nights per annum the child stays over with him. By all accounts £40 is very low and you might want to register with the child maintenance authorities. As regards ***** ***** is no such thing any more. You get residence and contact. The court will only make an order where an order is necessary. Your position is that you are concerned for the well-being of your child because of the father’s mental health issues. You would have to withdraw contact and go to the court and then the court would take a decision on whether a residence order is needed in th best interests of your child and to what extent a contact order should be granted. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.