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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13511
Experience:  30 years as a practising solicitor.
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I Have two children aged 3 and 9. Last year in November I

Customer Question

My name is***** two children aged 3 and 9. Last year in November I did get divorced with my husband due to his gambling, drugs and aggression issues. Because I didn’t want to carry it on I decided to go through a one year separation divorce.
During the separation period me and my ex husband aggread for a child maintenance £500 for two children and that my husband will look after our children 3 weekends in a month. Because of his huge depth he is a bankrupt now. Officially around two years. We also agreed that we will sheer time off school equally and we will where all extra costs equally too. Like private nursery etc.
Yesterday I have received a letter from solicitor representing my ex husband that due his work he will not be able to look after his children 3 times w month - he will accept two weekends, and because we couldn’t get to the conclusion together he will be able to look after the children during the summer holiday just from 9-14.08 (5 days from 45 in total). Finally he wants to go through the procedure of professional child maintenance. He is a bankrupt only on the paper, he and his new partner are very comfortable financially going on holidays together, he works a lot for a cash only etc...
What should I do? The solicitor required a 14 days for an answer
Submitted: 9 months ago.
Category: Scots Law
Customer: replied 9 months ago.
Agreement signed before the divorce was between me and my husband in writing version. Signed by two witnesses. Letter I have received is written entirely without prejudice etc
Customer: replied 9 months ago.
Customer: replied 9 months ago.
Customer: replied 9 months ago.
Copy of agreement
Customer: replied 9 months ago.
Copy of agreement 2
Expert:  JGM replied 9 months ago.

Thank you for your question. I am a solicitor in Scotland. I will give you some initial comments but you will have to see a family solicitor of your own so that you can have a reply to the letter sent. As regards ***** ***** is no procedure whereby a non resident parent can be forced to have more contact with his children as opposed to less. If he is refusing to take them to the same degree as before then he cannot be forced to do so other than to say that sometimes the knock on effect of that is that he might have to pay more child maintenance. Again he has indicated his desire to have the amount reviewed by the child maintenance service. That is his right notwithstanding you have a written agreement with him. Once the child maintenance service get in touch with you, you should give them a copy of the agreement and also tell them that he is seeking to have less contact with the children. You should give the maintenance service a copy of the letter you have received from his solicitor. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 9 months ago.
Do I need to agree for his proposal? We’ve made this agreement and and our decision was included in divorce questioner form sign by me and my divorce witness. I’m working mainly during the weekends. I understand that my work commitments are les important than his??? He works as much as he won’t from mon-Friday.
Expert:  JGM replied 9 months ago.

No you don’t have to agree but you can’t force him to take more contact that’s he wishes and neither can a court. That is what makes it very difficult. However the less he sees the children the more he will have to pay in child maintenance.