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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11565
Experience:  30 years as a practising solicitor.
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I took out a motion in order for the sheriff to grant contact

Resolved Question:

I took out a motion in order for the sheriff to grant contact and at the same time remove the interim residence order that was in place. The motion was unopposed until the lawyer for my wife appeared in court when the case was called and opposed it. They claimed they opposed the case. How can I prove the case was not opposed according to the court process to oppose a motion 7 days after lodgement and opposed. Is the oppose motion not out of time and how can I claim my expenses. I am representing myself.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Have you checked the court process to see if the notice of opposition was lodged with the court? If it was not lodged then technically the motion is unopposed but in a family case normally the sheriff won't just grant such a motion without the parties being present.

You may want to check the physical court process to find out if intimation was given to both parties about the diet at which the lawyer appeared. In family cases, the court will not deal with something like this in absence.

Come back to me once you have checked the court process.
Customer: replied 3 years ago.

Thanks for the patience. I went to the sheriff clerks office and found there was opposition to the motion which claimed it was sent to me through recorded delivery. The sheriff has asked all motions should be heard on the proof hearing.

Expert:  JGM replied 3 years ago.
Noted, thanks.
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