Hello there,
I am new to this as I recently split with my wife in March and moved out in June this year !
My wife is currently trying to stop my son from staying over more than one night a week, whereas he previously enjoyed staying 2-3 nights a week at his discretion. This is down to my financial circumstances being unable to provide maintenance since July, shortly after moving out and in essence, she is using him to try and hold me to ransom over the financial situation !
My question is this though,.....How old can a child be in Scotland, where they are considered to be able to make their own decisions as to who they stay with and when ?
I would value any info.
Is that for Scotland Dave do you know ? 8)
Not sure if Im honest
Dave
Hi Al
As you were married to the mother you have Parental Responsibility for your son, this gives both parents rights. It would be very difficult for him to assert any authority with his mother at 12 though and if she won't let him then there's not a lot he as a 12 year old child could do.
You have two options here, you can try mediation to resolve the issue, or you can apply to court for a contact order. At 12 years old your sons wishes and feelings will carry weight.
As you are in Scotland you may be eligible for Legal Aid for a solicitor, as it is still available in Scotland. It will depend upon income, if you are receiving benefits then you will qualify....that goes for mediation costs too.
Hiya Jane, my son is 16 years of age, I am hoping this should make a difference !?
Ah... Well at 16 he can decide who he wants to live with. Mediation and court only really applies to children up to the age of 16.