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I would like to know what exactly the law is regarding separated parents who both have equal parental responsibility. My child lives with the mother, although no legal residence agreement is in place. Recently during an informally agreed contact visit I had at my home with my child the mother called the police to get the child back. How can this happen when we both have equal parental responsibility? What happens if I refuse to hand my child over to the police, will I be arrested, if so on what grounds? I have the same rights as the mother. Yet the police ignored this and just did whatever she asked them to do.
Both the mother and I are in Scotland, here's what citizens advice say:
http://www.adviceguide.org.uk/scotland/your_family/family_and_personal_issues_index_scotland/faq_index_family_scotland/faq_family_children_visiting_rights_scotland.htm
But I'm still not clear on how/why the Police can remove the child from my care simply because the mother asked them to.
Hi, and welcome.
An awful position to be in, but I'm afraid the only advice I can give is to speak to someone who knows Scottish law, any other advice I give could be potentially completely wrong and send you off on completely the wrong path.
I may be worth having a word with the Children's Legal Centre - I don't think they know Scottish Law (could be wrong though) but they can hopefully point you in the right direction.
Would appreciate if you posted back on here sto say how you are going on.
Hi barryb
Welcome to Dadtalk. I hope you are going to find it helpful being here. I am sorry to hear about this situation and I can imagine how distressing it must have been for you and your child when the police arrived. It all sounds a bit extreme doesn't it.
You can get advice through the Scottish Children's Law Centre. Click on this link http://www.sclc.org.uk/ I hope you and your ex are able to resolve this issue without having to resort to such drastic measures in the future. Good luck.
Hi Mikey - can I suggest that this is put as a link at the top of the website, next to the Childrens Legal Centre 🙂
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