Same sex separation advice

[ScaryFairy28]

My partner and I were together when I had dd we split up about a two months ago as a result of her contributing nothing to the household financially, physically or emotionally she continued to see dd until a month ago when contact stopped due to her difficult behaviour. I have now received a lawyers letter asking for contact do I have to respond? Does she have a legal right to access? We live in Scotland if that makes a difference?

[mumblechum1]

Do you have a civil partnership?

[ScaryFairy28]

No not in a civil partnership sorry thought I'd put that in.

[mumblechum1]

I don't know about Scottish law but there's a Scottish poster called Stidw who posts on legal regularly, hopefully he/she will be along soon.

My understanding though, is that unless you've done a parental responsibility agreement (may be called something different in Scotland), your ex doesn't automatically have any rights. Having said that, do you think your dd would like to have contact in the long term?

[ScaryFairy28]

It's a parental rights order in Scotland she doesn't have one as she kept asking me to arrange it and I thought I should be her doing it.

[ScaryFairy28]

Dd was only 5 months when we separated.

[mumblechum1]

I'm reluctant to advise because it's Scottish law and my advice may be wrong, but I don't see that your ex has any rights to see your little girl, as she isn't biologically related (I assume you used a sperm donor), you aren't in a CP and you haven't done a PR order.

Having said that, a lack of automatic rights doesn't prevent her from making an application for PR and contact - not sure what the chances are of her succeeding.

You really need to see a Scottish family lawyer tbh.