I have recently split with my ex and the situation between us is irreversible.

We have 5 kids (3 are my step-kids) I recently asked her to sign parental rights for my two and she has point blank refused, saying i already have them, as long as we do it her way.

I am going to see a solicitor, but i have the problem that if she gets a letter, then she could move down to newcastle to be with her family to make it difficult for me to see them.

As we wernt married and the kids were born in 1999 & 2005 i dont have automatic parental rights...

This is all doing my head in a bit, is anyone else in or been in a similar position and could offer advice.

Is your name on the birth certificate?

Yes, for both of them

Wow I dont know how it is there, but I know if your name is on the birth cert then by all rights you have grounds for joint custody, unless there is some hidden agenda for the divorce...as in mine, I was not even allowed to move to a different city/state/country without haveing legal steps taken and I had my son all the time, my ex was not allowed to see him without supervision until he took domestic violence and alcohol rehab classes...do you pay child support????

No not yet, it is at a very early stage of the break-up. I will pay child support for them and i wont be upset at doing so.
With the differences between scottish & English laws, i think that if a court proceeding is started up here, then it has to be settled up here, however, if she gets a letter from my solicitors, then she might flee to newcastle before the court date is set, therefore i'd have to proceed with it in England under English law.

Apparently If i manage to get rights up here, she cannot take my children out of the country for more than 2 weeks without my permission. If she does so, she will be made to bring them back.

I do not know if by that it means Scotland or GB.

hun as you are on the birth cert for your child born in 2005 you by law have paternal rights. The law changed in april 2003, and since then any child born after that date and with both parents on the cert. then both parents have legal responsability

good luck btw

I have just thought though. if she does move back to GB then she will be doing you a favour. I am pretty sure that if she does that she will have to register her and the kids as living there. therefore by them being residents of GB you have a right to take this matter up with british law as opposed to scottish law. something maybe worth thinking about. i know that a friend of mine from kilcaldy managed to gain joint custody by that loop hole.

Thanx for your replies, i do apprecaite being able to get advice, my 3 bedroom flat seems too big & quiet without the kids here.

Fingers crossed

Ill let you know how i get on..

i find this all very intresting as i too have been finding out about the parental responsibility rights. unfortunaly am fighting to get my name on the birth certificate but she dose not want me on it out of spite.