Ask a Scots Law Question, Get an Answer ASAP!
I live in Scotland. My childs father has assumed the majority of care for our 3 year old against my wishes and has snatched her from me in past as possession is 9/10 of law it appears. If I take steps to end relationship he declines to answer my questions re access. currently he allows me thur night, Friday then I have to take her back where I stay there with my eldest daughter too for weekend.If I ask to see her for 2 days instead of two he says Im creating instability. I have to stay in relationship to continue to see my daughter from thur nite to sun night. I have to ask his permission. He decided to put her into 4 days nursery after me being main carer all her life and full time mum for 9 months previous. This arrangement has been going on for 6 mths as I had to move out as I couldn't cope mentally with the relationship. He didn't allow me to take her with me. Where do I stand? Many thanks for any help as desperately unhappy.He has parental responsibility. im also paying debt accrued whilst he changed jobs so will struggle to pay legal fees should I need to go to court. I would keep and not take her back but I feel this is wrong for child although he doesn't though I am losing out. He refuses mediation as he doesn't seem to want a third party involved.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).