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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9968
Experience:  30 years as a practising solicitor.
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family law

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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.

Thank you for your question.

You have to see a solicitor about this immediately to get this into court. You have to seek a residence order with an alternative application for a contact order.

You have no other option here. You should have done this some time ago. You may qualify for legal aid if you have debts. In any event you must see a solicitor as soon as you can.

I hope this helps. Please leave a positive response so that I am credited for my time.
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