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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16866
Experience:  30 years as a practising solicitor.
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My partner has 2 children, 10 and 14 years old. One is

Customer Question

Hi my partner has 2 children, 10 and 14 years old. One is biologically his and one isn't. He met the mother of his biological child when the non biological daughter was 1 and a half years old. He split up with the mother when they were 5 and 9 years old. Contact has always been done by discussion and no legal intervention.
JA: What steps have been taken? Have any papers been filed in family court?
Customer: During covid he didn't get them as the mother wouldn't allow the now biological one to come saying she wasn't his daughter despite having had both regularly since the split. Now that contact of them coming to our house has been reinstated, we had planned a trip to oban which the mother agreed to but now the boyfriend has said they aren't going. He won't allow them to be taken away anywhere. This is a constant problem with trips away as they demand them to be back at set time and no flexibility, won't allow them to stay for Christmas eve, despite doing alternate Christmas's. Plain awkward. He doesn't ask alot, he sees them once for a couple of hours for a walk/cake etc after work/school during week and then every 2nd weekend they come to us from Fri night to sunday night at 6pm.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: No steps taken, looking for advice. Boyfriend told dad if he pushes it re taking them away they would stop him seeing the non biological one so he let's them dictate to him. He collects children, drops them off and is a great dad.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The children live in Kincardine, he lives in dunfermline
Submitted: 12 days ago.
Category: Scots Law
Expert:  Peter Collins replied 12 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Expert:  Peter Collins replied 12 days ago.

Good morning, thanks for your patience. I have reviewed and your question needs to be moved to the Scots law section so I'll opt out and ask that this is done for you. A Scots law specialist will pick this up for you.

Expert:  TetyanaP-admin replied 12 days ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 11 days ago.
It needs to be someone who deals with Scots law otherwise no point.
Expert:  JGM replied 11 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 11 days ago.

At the moment your partner has no parental rights to the non biological child. He should see s aolicitor with a view to obtaining a court order for parental rights which in the circumstances may be possible under the Children (Scotland) Act 1995.

Expert:  JGM replied 11 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 11 days ago.
unless he does that she basically will keep using her to dictate what happens re their daughter.
Customer: replied 11 days ago.
Also in relation to the biological daughter what is the best process to stop mother dictating to suit her.
Expert:  JGM replied 11 days ago.

As he isn’t the father there isn’t much at the moment. However he can point out that she is of an age that under the law she has to be given a say, again under the 1995 Act and if they are not acting in her best interests to spite him then any judge will not be pleased.