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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17059
Experience:  30 years as a practising solicitor.
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My daughter and her partner separated some time ago. The

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My daughter and her partner separated some time ago. The father, fails to adhere to routines established for the children when he has them for a night or two and in fact removes one from Nursery earlier than is preferable both by my daughter and the nursery. What should she do?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No, efforts have been made to do all things amicably.
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: Fife, Scotland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There are several items, like CSA findings: this is currently being appealed.

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.

Is there a written agreement or a court order in respect of the children?

Customer: replied 13 days ago.
No, as previously stated until recently efforts have been made to communicate amicably. This now appears to have developed into a situation where the father wishes to indulge himself when with the children. This results in some routines being entirely suspended when he has the two kids. He states that he will do what he likes when it is his time with the two boys.

OK, your daughter should apply for a residence order and she may want to withhold contact meantime. If he won’t settle to a routine the court’s intervention will be needed and she should consult with a local family lawyer as soon as possible. Typically the lawyer will write to home in the first instance to try to reach a settlement but court action will follow if necessary.

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.

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