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Threat of court action to increase contact

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  • Threat of court action to increase contact

    Anyone experienced any cases in Scotland where the Mother takes the dad to court to increase contact? Current situation is contact is regular every weekend at set times one night a week. There was additional contact over a year ago ad hoc to help out with childcare to suit the mothers nightshifts. This was erratic and eventually broke down following complaints from the Mother about the level of care the dad was providing on school nights. Now threats of court from mothers lawyers to impose increased contact and extra holiday contact. The dad hasnt requested any of this and happy with the current arrangement. Is it likely this will make it to court or be granted legal aid? If so is it likely a judge will force contact against the dads will? Proposals have been sent in a draft minute of agreement with demands for money as well (on top of csa already in place)
    thanks for any advice on this if someone has experience in these matters in Scotland
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  • #2
    The starting point is always that the welfare of the child is paramount.

    I know little of Scots Law, but it would be surprising if a parent - here mum, could obtain any court order whose effect would be to coerce increased contact with the other parent - here dad, in circumstances where dad has not made any application for such increased contact.

    It seems to me, from the writing of the poster that mum here, finds the present contact arrangement inconvenient for her, but that is not the same as saying that it is in the best interest of the child to change that arrangement.

    The matter is further complicated by mum's demand for more money - why? Surely, if dad is looking after the child more often, the father's monetary contribution should reduce.

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