Recently separated from my partner with a 6 year old son and my partner (father) does not have equal PRR as child was born before 4th May 2006.He has never mentioned wanting equal PRR until I said flippantly 2 weeks ago who knows where I'll end up in the future, New York or the Caribbean, and two days later I get hit with forms requesting equal PRR. I have no intent on leaving to live abroad but I dont want my future determined by his selfishness. He only sees our son every second weekend for two days and I have never messed him about with his access.He says he will take it to court and he will win equal PRR to me! He has had two affairs behind my back (that I know of) which I discovered and has been living a double life continually placing his own happiness ahead of that of our sons. I don't believe he is acting with the best interests of our son in mind, instead still wishes to dictate what I can and can't do with the rest of my life!Do I have a chance to defend this and retain full PRR with me the childs mother and main carer? Thanks, XXXXX XXXXX
Province/Country relating to question : Scotland
To reason with the father, agree open access, but have thought about seeing a lawyer.
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Kind Regards, Denise
Thank you for your question.I'm sorry for the delay in answering your question.There are two parts:1. Parental rights. If you admit that he is the father then in terms of the law a parental rights order has to be granted.2. Thereafter, the court has to decide issues of residence or contact. There is no prospect whatsoever of him getting a residence order and becoming main carer. He will be unable to establish that that is in your son's best interests. The only issue will be to what extent he gets contact. If the present arrangement has been working satisfactorily then it would need a good reason, again in the child's best interests, to change the existing arrangement.I hope this helps. Please press ACCEPT so that I am credited for my time.
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