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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10089
Experience:  30 years as a practising solicitor.
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I had a court order that restricted myself on discussing anything

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I had a court order that restricted myself on discussing anything religious with my two girls however this was temporarily. The Judge put it as a short shelf life. I was refused parental rights. The court order which is can be found online that the Judge found me more honest and consider the children than my x partner. The hearing was almost 18 months ago. Due to the fact that I don't have PR, I am refused the passports and usually issues not having PR. However this is not why I wish an advancement on the court order. The girls go to a Roman Catholic School and Church because of my x partner wishes. If the children wish to go Church I take them and also I do their Re homework when they are with me. This works fine and the full knowledge of their mother and I share common ground with my beliefs which is Jehovah's Witness and avoid the differences in recent months. One daughters has issues now with her mother being in a open homosexual relationship as well as been catholic. Also they want to more about other religions.
western and eastern. There is no way she would accept even any compromise on the court order despite the other paragraphs clearly indicating it was a short period that this restriction was to be. The school who were not aware of the homo sexual relationship are now due to her misleading the school and the head allowing the girls early to avoid me having access. Would the Judge grant an advancement if the main carer is still willing to use the children in such a negative way which in my opinion put that restiction in the first place. If it is worth doing could get advice on the forms to get and right out. Aprox cost for on going advice. Also I am trustee for Family needs fathers would you happy for referrals.
Submitted: 3 years ago.
Category: Scots Law
Expert:  clairep80 replied 3 years ago.
Hi
Thank you for your question.
What is the exact wording of the restriction on discussing Religion?
Claire
Customer: replied 3 years ago.

Attachment: 2013-03-19_134711_a138_court_order__education.docx


 


Apologies for the Grammar also it was under Scottish Law. I have attached the court report and the paragraph below.


 


 


[76] So far as religious activities are concerned, it is implicit in what I have said above that the defender is not required to arrange or facilitate the children's attendance at Mass. On the other hand, I consider that it is appropriate to further constrain matters by ruling that during contact, the defender shall not, directly or indirectly, provide religious instruction guidance or instruction; involve the children in his own religious beliefs or ceremonies; or say or do anything which could reasonably be interpreted as challenging the Roman Catholic faith. My reasons for placing this restraint on the defender are the same as those for refusing his application for parental rights, which I have sought to explain below

Expert:  clairep80 replied 3 years ago.
Hi
How long have the children lived in England
Claire
Customer: replied 3 years ago.

Sorry they have lived all there lives in Scotland

Expert:  clairep80 replied 3 years ago.
Hi
Then I shall opt out and transfer this to the Scots law section.
This will take a little time so please be patient
Claire
Customer: replied 3 years ago.

Thanks I did not notice the difference but thanks for your assistance

Expert:  JGM replied 3 years ago.
Thank you for your question.

You said the court order was online. I presume you mean the judgment in the case. Can you provide a link to this? I will read the judgment and be in touch with you later tonight.
Customer: replied 3 years ago.

yes that's what I meant I have attached it missing out the case studies


A138/10

Attachment: 2013-03-19_153525_a138_court_order__education.docx

Expert:  JGM replied 3 years ago.
I have read the judgment. I'm not quite following the wording of your narratives above however.

What precisely is it that you want the court to do now?
Customer: replied 3 years ago.

hi


To get parental rights and lift the restrictions on 112.

Expert:  JGM replied 3 years ago.
If there are current issues with contact such as the children not being made available after school then you can certainly go back to the court on the issue of contact. As far as parental rights are concerned the sheriff did say that this may have to be revisited at a later stage and perhaps quite soon. From my understanding of your narrative your wife is still up to what she was critisised by the sheriff for doing before, the children are a bit older, he may want to see them this time and you are perhaps justified in making enquiries with, I suggest, the solicitor who acted for you before.

This is not a simple form filling exercise and you'll get a hearing assigned and you will need legal advice and assistance.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10089
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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