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ivorylounge
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Category: Scots Law
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Experience:  Over 25 years experience
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I'm asking on behalf of my daughter who is currently having

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I'm asking on behalf of my daughter who is currently having an issue with her ex partner and their baby daughter. My daughter's ex split with my daughter 3 months after baby was born and has had contact with her from the split with overnight stays at his house, he lives with his parents. He downloaded a contract from the web with regards ***** ***** holidays etc and the agreement was that if either of them started a relationship they would not introduce their daughter to the new partner until said partner had met mother or father and that a decent amount of time had gone by. The father started seeing someone as soon as they split up and has been seeing her for approx 3 months, he says he has spoken to a lawyer that states 3 months is long enough for him to be in a relationship and that he can let baby see his new girlfriend. My daughter is very unhappy with this as she hasn't met new gf yet and he has now stayed that due to covid restrictions etc he has asked gf to move in with him so he can see her and his parents are happy with this. The issue my daughter has is.that this person is a stranger to her and also their 7 month old daughter. She doesn't want her daughter staying overnight now but won't deny access for him to have her in the evenings as previously arranged minus the sleep over. Plus he is introducing someone that isn't in the extended bubble..We live in Scotland so don't know if rules are different here from England. What she wishes to know is can she stop him from having his daughter for.overnight stays until a longer period of time has gone by, she is also worried baby will become attached to new gf and things may not work out as he has a history of wandering as he's done with my daughter.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing has been filed as when they first split up they were hoping to remain amicable. X
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Our nearest court is Sheriff's court in Kilmarnock Ayrshire. X
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Naya is supposed to be staying at Ex tonight, my daughter doesn't want that to happen but happy to allow him to see baby without gf present so she's wondering if she can do that as he may call police and try and be awkward. X

Let me see if I can help. The starting point is that they both have parental responsibility. As such the court usually thinks that they can both make sensible decisions for the uptake of the child. If however there are safety concerns then the court would normally intervene. So if she does have safeguarding concerns then she can stop the overnight contact - the key however is often discussion and indeed mediation to try and find a sensible compromise.

Customer: replied 1 year ago.
It's not a case of safeguarding it's a case of baby not knowing this person who is a stranger also mother hasn't met her and knows nothing about her and also the covid situation. Can she legally withhold overnight stays due to this?

Well that is actually considered safeguarding. I have often seen parents withhold contact unless and until they meet the new partners. I hope this helps.

Customer: replied 1 year ago.
Many thanks I will pass on all this information to my daughter. X

My absolute pleasure. I hope it goes smoothly and please rate 5 stars

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

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