XH no contact 14mths (Scottish)

[Patienceobtainsallthings]

XH hasn't had contact with kids for over a yr.Got divorced in the summer "Present whereabouts unknown "on the documents.Ended up posted on walls of court as he never returned any documents.No contact address ,no mobile number .Chaotic lifestyle ,arrested twice in last yr ,was attending alcohol counsellor ,dv history ,can't be traced by CSA .No contact from in-laws .
My problem is Head Teacher is aware of all of this but insists they will allow him to take the kids out of school if he randomly turns up at their class .
We have no contact agreement as he never returned the Minute of Agreement .Head Teacher says they will give me a courtesy call and allow me 5 mins to get to the school before he is allowed to leave with the children.I can't possibly get there in 5 mins.She says I need to get a court order if I want to restrict access .Realistically I don't think he will go to the school but over the last 3yrs,since split, all sorts have happened and to be honest nothing would surprise me now .Basically I just want to know if I have any other rights or do I have to get a court order?How do I go about that ?

Sollicitor advised me to update Headteacher with the above details and I wrote to her at the start of term .The reply says that I need a court order and they hope that clarifies things .
I know at nursery a child would not be allowed to leave the building unless the nominated carer was picking them up .Why is Primary School different?
Many Thanks

Really sorry OP. Would it be possible to get a court order? What does your solicitor say about it?
Hopefully someone more knowledgeble will be along soon.

Ah thanks Tonight .Don't know anything about court order just remember Sol advising against it ,this time last yr but will email her and find out her opinion.Just feel Headteacher is v unsupportive and v patronising but ultimately this is just about the kids safety .

This situation sounds awful for you but yes you would need a court order if he has PR.

I assume you would need to see a solicitor to get advice about this.

I run a pre-school (down south) and if a parent has PR we cannot stop them picking up their child/children unless a court order states otherwise.

Thanks .He has PR as I have never been to court to have them removed.I guess I just wondered if being absent for over 12mths made any difference to the situation.I guess I need to make an appointment with my sollicitor .

Small point, but in Scotland it's Parental Responsibility and Rights and both parents have equal PRR and can act unilaterally. PRR is rarely removed, the courts tend to take the view that option should be left open for parenting to resume.

Thanks Snow.I have always left things open for him to resume contact.He just dissapeared last yr and stopped paying maintenance .My only worry is that he reappears at school.What does getting a court order involve and what will the information on it be ?Would i then have to go back to court to change the court order if he ever wanted contact again or does he have to take me to court ?

If u got a court order saying he wasn't allowed to pick your children up from school then he would have to take you back to court to change it.....