Scottish Law regarding children?

Question

Me and my gf have split up. We have 3 kids. I have a house with all the stuff kids need, beds, heating, food and money etc. We have been a couple for 6 years. Now what I was wondering is can I have the kids to stay with me intill a court decides offically where they stay. As she has no house etc.

Answer 1

I'm not 100% and I don't think the Scottish laws will be any different, but, if you have 3 children,and have cohabitated for 6 years with your girlfriend I am sure she will be entitled to a share of the house. If that is the case, you will have to move out and your girlfriend will look after your children in the family home. If I get time, I will check it out, but I am more or less certain that your girlfriend has a rightfull claim to a share of the house.

I found this piece of information regarding cohabitation rights (hard to understand) but I hope it helps. It is a family bill launched in Scotland.



FAMILY LAW BILL LAUNCHED



The long-awaited and much consulted-upon Family Law Bill (see Nos 254, 350) was finally launched on 8 February 2005. The Bill reduces the periods of time needed to establish marriage breakdown as a ground of divorce from two years to one in uncontested cases and from five to two years in contested ones. Over 80% of divorces are granted on these rather than the fault grounds of adultery, unreasonable behaviour and desertion. The last of these will now cease to be a ground for divorce. The Bill also extends the legal regime for unmarried cohabiting couples, to give legal protection to unmarried cohabitants on the breakdown of the relationship or when a partner dies. These include allowing applications to be made to the court by the surviving partner on the death of a cohabitant when that person has died intestate, in order to obtain a share in the deceased partner's estate. Matrimonial interdicts are extended in scope to cover not only the matrimonial home but also any other home occupied by the applicant, the applicant's place of work and the school attended by any child in the applicant's care. The Bill introduces the concept of "domestic interdicts", which will provide protection for unmarried persons equivalent to matrimonial interdicts, and also applies the protection of the Matrimonial Homes (Scotland) Act 1981 to unmarried couples. Unmarried fathers who register the birth of a child along with the mother will be given parental rights and responsibilities. The Bill will give statutory form to the existing common law rules that marriages which are the result of force, error as to the nature of the marriage ceremony or the identity of the parties thereto, or the incapacity of a party to understand the nature of marriage or give consent, are void. The provision of the Bill which attracted most public interest was that which removes the prohibition on marriage between former "in-laws" so that, for example, a man may marry his erstwhile mother-in-law and a woman her former father-in-law.



The Bill does not include any provision for a right of access to grandchildren for grandparents. Instead there will be a non-statutory charter for grandparents giving recognition to their role in children's lives. Sheriff Alan Finlayson will draw up a "parenting agreement for Scotland" which will be intended to help estranged couples resolve issues over custody, care and access to their children.

and here's another piece I found regarding common law wife. (General, but it does have a sentence regarding Scotland)

The myth of the common law wife
and
Cohabitants beware: who will get the house if we split up?
It is a widely held belief that there is such a thing as a common law wife or husband. In fact, since the Marriage Act of 1763, there has been no such thing in England and Wales. Whether you live with your "partner", "cohabitee", "live-in-lover", "domestic associate" or "current companion" in the eyes of the law there is no special relationship and you are not equivalent to a husband or wife.

Even if a couple having been living together for several years and have children they are not regarded in law as common law husband and wife and if things do not work out a cohabitee will find that they do not have the same legal rights or safeguards as a husband or wife. However, the law is different north of the border. You may find yourself married under Scot's law even if you have not gone through a formal ceremony (for more information please refer to the legal section of this website under Scottish law).

Some couples, who believe they married abroad, may discover that their marriage is not recognised in England and Wales, and as a result may find themselves in the same boat as cohabitants. Last year Jerry Hall found out, to her cost, that even though she went through a 6 hour elaborate Indonesian marriage ceremony on a beach in Bali she was not married to Mick Jagger because the Indonesian legalities had not been followed. As a result, under English law, Jerry Hall never became Mrs Jagger.

The only way I can see that your children could live with you in your home, is if you can get a agreement with your ex-girlfriend.

Answer 2

If you both agree with this arrangement. The law should be kept out of these things as much as possible as adults should be able to resolve these issues by themselves. You could address a letter to her solicitor via your solicitor detailing and arrangement until it goes to court (if that's the way things are going) and she could reply via her solicitor that way everyone is covered. In Scottish Law the well being of the children is paramount and if old enough the children can be asked to speak for themselves and express their preference.

Answer 3

You should look at what lawyers have said regarding the inquiry. The source below has free attorney responses to similar issues such as:

(1) " conflicting advice. Should we proceed by UK/Scottish laws or California?"

(2) "Hi, my boyfriends a Scottish immigrant, 21y/o, and has been here for 3yrs waiting on his naturalization process. He is currently"

(3) "Do I have a right by law to go get my children? - Avvo"

(4) "Is there a law for dfcs children? - Avvo"

(5) "Is there a law that requires you to list all of your children in your Will?"


Also, articles & resources by experts:

(1) "Foster Children: Medical Issues and Children with Disabilities - FindLaw"

(2) "Crimes Against Children - Legal Information | Lawyers"

(3) "Children and the Capacity for Crime | Nolo"

Answer 4

That very much depends on what your girlfriend says. Logically it would make sense but as you are not married it is a lot more difficult. Without a marriage certificate it will be more difficult for you to get custody unless your girlfriend does not want custody. Good luck, I hope this problem resolves itself amicably Have a good Christmas.

Answer 5

You will both have to agree mutally as you are unmarried and by law in Scotland the father has say in most matters (including name changes) and the courts would keep them with the mother. they can stay with you but the courts will decide they stay with the mother IF she has a place to stay by then

Answer 6

As far as I know, if you were not married you have no parental rights whatsoever. Go see a solicitor. She will get put into homeless accomodation until she is house'd by the authorities so you wont be able to get the kids on those grounds, even if you were able.

Answer 7

You have a tough one as in question here. I do hope it works out for the children and both of you especially as it is this time of year. Good Luck and lets hope the children pull through this without being scarred.

Answer 8

you guys have to decide what is best for the kids, and do that. it's xmas tomorrow and I for one would not want my child to be kipping on someones floor when she has a perfectly good bed at home! Hope it works out for you all.

Answer 9

Contact your local Dog warden, they will have words with this lady and the more you report it the more they have to do ie remove the dog from her under the animal welfare act for neglect. I would call them every time you see the dog. Sounds like it needs someone looking after it who wants it.