what legal access rights does a father have on his child in scotland?

Question

can a woman be forced by the courts to allow her ex partner access to their child even when the man has physically and mentally abused her. he has a long criminal record and well known as a bully. he has also made no financial contribution to the child and has shown no interest in the child til now(child nearly 2) scottish laws??

Answer 1

Check out this site for all your needs, it doesnt just deal with Dads its for mums as well.

http://dads-uk.co.uk/main/page.php?8

Answer 2

its not about access rights for father, it is the right of the child that is important. Child should be able to have contact with dad, this can take many different forms of contact. THere are contact centres and you can ask that there is a welfare report done first.
If children live in a household were the man is violent or they witness violence then there would be a caution on allowing contact automatically. Best to seek good legal advice. I dont think financial contributions or criminal records are sufficient on their own, but a judge would have doubts about the claims by dad if there has been a gap of 2 years.

Answer 3

uk laws are the same, i had the same problem and i saw the advice of a solicitor and i was told the father has no automatic right to see his children however due to a law change in 2004 he has the automatic right to school repports and school pictures and medical records and has the right to know if his child is ill. He has a right to some form of contact wether it be written contact or otherwise HOWEVER for him to see the child if you belie it isnt in the childs interests you can stop his access and take it through the courts and the judge will decide what is in the best interests of the child.. If you believe he is a threat to the children if he challenges you in court you can say you agree to supervised acces (which is wht we have in place) at either a supervision centre or with a family member you trust present (he comes to the house to see her) once a fortnight or something like that.
Being as he has made no financial commitments and also he hasnt been interested up till now (my daughter was 15 months when he decided he wanted to see her) it is unlikely any court would rule any access without a supervision order in place and it be reviewed, my ex and i settled out of court and the arrangement works well between us...
If he was never violent to the child then it is in the childs best interests it has some contact with the father, he may be an idiot but it is the childs right to make that decision themselves, otherwise they are likely as teenagers to go finding their parent and the absent father spin them a line and suddenly you will become the villain.... i made the choice to let my daughter make her own mind up and tho his presence annoys me i can sleep easy at night knowing i gave my daughter a choice that not all kids get in being able to make an informed choice in the future, tho i hate him my daughter thinks the world of him and recently he has shown great improvement in seeing her and being interested in her and offering financial help that we are in talks away from any solicitor about a little time unsupervised access to her gradually building up to maybe an over night stay once a week with her dad. good luck but remember you must bear in mind what is in the childs best interests and not your own, a hard thing to do i know but we only get one chance at being good parents and children arent so forgiving if we mess up.

Answer 4

If you can show that the child(ren) are in danger to be around him, you may have a chance. You can and should seek supervised visitation (in a visiting centre) where a neutral party can monitor what happens if he applies for access. This is especially important if you are concerned he will manipulate the children (It happens often). If you have evidence of the violence then this will help your case.

I would recommend you seek sound legal advice. If you are on a low income you should be able to access funding to help pay for legal costs. Fight your corner on this.

Good luck

Answer 5

The short answer to your question is Yes, they can.
Given that, you must document as much evidence as you can: and this includes your role and care of the child and the bloke's history of violence, bullying, unsupportive behaviour, whatever.
This way, you will empower yourself to deal with the menace, what it sounds like to me, someone using 'contact' as a way of getting at you (child used as a pawn under the guise of 'child's rights' to see father).