My wife and I separated almost as soon as she got pregnant - her decision. She would not allow me to go to the scans with her or to the birth. She has now had the baby but insists that I can see it only if i go to her house. I would like to have time with the baby on my own especially as she regularly goes in the huff with me and then I can't go and see the baby. My daughter is 3 weeks old now. Is there any way I can have access to her? And how do I go about this?
Province/Country relating to question : Scotland
Going to see the baby. Asking ex for access for a short time.
Thank you for your question.As you were married at the time of the birth you do in fact have equal parental rights and responsibilities to your daughter so in theory your wife is not entitled to dictate when and where you can have contact to your daughter.If agreement can't be reached you are entitled to apply to the sheriff court for a contact order.However, a degree of common sense has to prevail and you and your wife have to act in your daughter's best interests. It is doubtful that a court would allow unsupervised contact at the moment given the age of your daughter, especially if she is being breast fed. The court would expect the parents to cooperate with each other and indeed put their differences to one side so as both could become experienced in looking after a new baby, for example you taking her for a walk in her pram in the vicinity of her home would be appropriate but taking her away from mother for hours at a time and overnight at this stage in her life would not be.The court would be reluctant to make specific orders but will do so if the parents are incapable of making suitable arrangements.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
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