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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12874
Experience:  30 years as a practising solicitor.
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Where to start. Me and my wife have separated and split

Customer Question

Where to start. Me and my wife have separated and split custody of our 3 children was agreed between ourselves. She is now gone back on this agreement and now keeping our 3 children from me and won’t let me have them. What can I do?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Scotland
Assistant: Has anything been filed or reported?
Customer: We have now legal agreement but we signed something between ourselves.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I have contacted social services for my own peace of mind and they have assured me that I’m giving the children a stable home. But she is now harassing me both private messages and social media. Demeaning my character and ability of being a father.
Submitted: 6 months ago.
Category: Scots Law
Expert:  JGM replied 6 months ago.

Thank your for your question. I am solicitor in Scotland. What ages are the children?

Customer: replied 6 months ago.
They are 7, 4 and 2
Expert:  JGM replied 6 months ago.

Thanks for responding. If there is no good reason for your wife behaving in this way then she is not acting in the children’s best interests. The court will assume that the absent parent should have contact with the children unless there is a very good reason why that should not be the case. Unfortunately what you will have to do is see a solicitor face to face as soon as you can and have a letter written to your wife about the situation which has arisen. If this can’t be resolved between solicitors then you will need to raise contact proceedings in the sheriff court and seek a child welfare hearing. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.