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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11568
Experience:  30 years as a practising solicitor.
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Just got separeted and my ex says that I can only see my son

Customer Question

Hi. Just got separeted and my ex says that I can only see my son every other w/e or nothing at all. Because of my job I can't do that. I can only see him every Sunday and another day of the week. I can only promise 1 w/e per month. Because I don't accept her terms she refuses to let me see my son. I've asked her to go to a mediation centre but she refuses. Can she do that?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.

Thanks for your question. I am a solicitor in Scotland. You are entitled to parental rights of contact to your son assuming you are on the birth certificate or were married to the mother. Even if otherwise to can ask the court for a declarator of paternity. Thereafter it is not for your ex to dictate to you when you can and can't have contact. Contact has to be worked out between the parents in a sensible way and in keeping with the best interests of the child. In the event that ou can't agree between the two of you and she refuses to go to mediation you will have to see a solicitor and apply to the court for a contact order which she will then have to obey. Every other week is unacceptable. At the very least you should be looking for every other weekend and other times during the week and holidays, all depending of course on the age of your child. Happy to discuss further.

Customer: replied 2 years ago.
Sorry, I didn't explained myself properly. She's offering me to see my son every other weekend and shared holidays.
I'm a pub general manager and cannot guarantee weekends off as they are the busiest time for me. I'm offering every Sunday and another week day (so twice a week ) and shared holidays. She is refusing to let me see my son as long as I don't comply with her demands. My son is nearly 8 years old by the way.
Customer: replied 2 years ago.
Could you please give me advise on this matter?
Expert:  JGM replied 2 years ago.

The advice is that if she won't agree contact that fits in with your job, you see a solicitor and apply to the court for a contact order. She will have to do what the court tells her to do. There is no other way of dealing with this in the absence of agreement.