Fathers parental rights in Scotland...

[C1987]

Hi all,

I have a quick question Re Rights of access by a father in Scotland...

The Childrens Act 1989 may give equal rights to both mother and father but could anyone tell me if this applies in scotland? I have had a look at the Children (scotland) Act 1992 and it would apprear not? It seems Fathers have less right of access.. can anyone clarify?

Ref: Children (Scotland) Act 1995

Many Thanks,

C

[leclerc]

Re: Fathers parental rights in Scotland...

http://www.scotland.gov.uk/Resource/...23/0027451.pdf

page 4 which relates to Family Law(Scotland) Act 2006 which is similar to the UK, ie that you have parental rights(that is not just access and is not particularly about access).

Some usefuladvice - Help and Support - Families Need Fathers Scotland
The above site "Families need fathers" may well have more info that might help as well.

[C1987]

Re: Fathers parental rights in Scotland...

Thank you for that, It is for the benefit of my partner. The mother of his son is threatening to restrict access and even limit it to supervised visits if he does not give her more money- He already pays more than enough to support his son (just not enough to support her as well). Will she be able to follow through with this? She also threatens that I wont be able to see him either, which i would be heart broken about.

My partner is an amazing father, he loves his little boy so much. There is no reason to restrict/stop access... what if she follows through with this? how far will it go? and can this be actioned because she's the mother even with no reasons for it?

Thanks,

C1987

[leclerc]

Re: Fathers parental rights in Scotland...

Thank you for that, It is for the benefit of my partner. The mother of his son is threatening to restrict access and even limit it to supervised visits if he does not give her more money- He already pays more than enough to support his son (just not enough to support her as well). Will she be able to follow through with this? She also threatens that I wont be able to see him either, which i would be heart broken about.

My partner is an amazing father, he loves his little boy so much. There is no reason to restrict/stop access... what if she follows through with this? how far will it go? and can this be actioned because she's the mother even with no reasons for it?

Thanks,

C1987

Maintenance and access should be separate issues. With regards to the maintenance, unless there is a court order or it goes through the CSA as far as I know he doesn't have to increase that amount. With regards to you not seeing the child then that shouldn't be an issue(ie you might want to take a step back). If she stops access then take legal action to enforce access through the courts.
Perhaps a more formal arrangement might be the solution and one that is written down and backed by family court.

[C1987]

Re: Fathers parental rights in Scotland...

The amount of maintenance is what was recommended by his solicitors, I believe its more than what is legally required based on his income.

With regards to access, if there is something argeed by both parties (maybe through mediation) and she breaks this by refusing access or cutting his weekends with him short will she be in contempt of court?

Personally I think it should go through mediation as it is starting to get a little bit ugly and i think if this carries on it will affect the child. But can she refuse to go to a mediation session? or do things through a solicitor? She doesnt have a solicitor as far as im aware, but would get legal Aid.

Thanks,

C1987

[leclerc]

Re: Fathers parental rights in Scotland...

The amount of maintenance is what was recommended by his solicitors, I believe its more than what is legally required based on his income.

With regards to access, if there is something argeed by both parties (maybe through mediation) and she breaks this by refusing access or cutting his weekends with him short will she be in contempt of court?

Personally I think it should go through mediation as it is starting to get a little bit ugly and i think if this carries on it will affect the child. But can she refuse to go to a mediation session? or do things through a solicitor? She doesnt have a solicitor as far as im aware, but would get legal Aid.

Thanks,

C1987

In short, if it is court ordered, if she breaks access then yes she is in contempt of court. If she refuses to go through mediation then I think the court option is the best option to be honest.

[MSG555]

Re: Fathers parental rights in Scotland...

My son and his partner had a beutiful baby boy 6 weeks ago. They dont live together but everything has been going well until today. His ex partners father came to my sons place of work to tell him that the mother had been to a solicitor who has sent him a letter restricting him to 2.5hrs a week visitation which he should expect to recieve Monday or Tuesday next week.
There is no reason why she has taken this action, I just want to know can she do this. My son is a good, hard working man, who has provided for his son since before he was born. He has been dictated to as to when, where and how he can see his son and he has accepted it with no complaint. Why she has taken this action I dont know, please help.
She has also got the baby a passport for the child as she plans to take the child to Turkey on holiday for two weeks in July. Canshe do this without my sons permission?

Many thanks
Murray