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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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I am looking for help in understanding part of a letter I have

Customer Question

I am looking for help in understanding part of a letter I have received, My partner had given birth to a baby girl, and from the start of the pregnancy she made it clear she was not 100% sure who the father was. It was either myself or her ex. Her ex got a DNA test done, though it says it cannot be used in court.

the letter I have says.

PLEAS-IN-LAW FOR PURSUER.

1 The pusuer being the father of the child is entitled to Decree as first craved.

2. The said Robert Murray not being the father of the child, the pursuer is entitled to decree as second craved.

3. It being in the best interest of the child, better for the child that the order is made than that none be made and in the circumstances necessary, parental rights and responsibilities should be conferred upon the pursuer as the third craved

Can you help me understand this.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

This is not a letter, it is a court writ, presumably by the other man. The court orders he is looking for will be in a section a few pages back from the bit you've quoted and will start "The Pursuer craves the Court......"

I am guessing but he is presumably looking for an order from the court to say that you are not the father and that he is and that he is looking for parental responsibilities.

Happy to help further if you can give me some more info as to what is contained in the writ. There will be a section headed "Condescendence" which will say what facts he is stating in support of his action.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for your reply, sorry for the delay in replying.


 


The section you have asked about says as followed.


 


CONDESCENDENCE


 


1. The parties entered into an intimate relationship as a result of which the child Kerri Esther Miller Murray was born on the 22nd October 2011. Extract Birth Certificate is herewith.


 


Ans 1. Admitted.


 


2. The Defender has been habitually resident in Scotland for one year immediately preceding the raising of this action. The defender is domiciled in Scotland, Dumfries and Galloway for a period exceeding forty days immediately preceding the raising of this action. The prsuer is unaware of any other proceedings continuing in Scotland or elsewhere which are in respect of the child in respect of the said child. The child resides with the defender and has done so since birth. Jurisdiction is with Hamilton Sheriff Court based on the habitual residence of the child.


 


 


There is also a part that says... Admitted the defender is holding out to Robert Murray and other that the child is the child of Robert Murray under the explanation that she believes Robert Murray is the father of the child. Not known and not admitted the pursuer works shifts and arrangements required to be flexible. Quoad ultra denied.


 


What does this part mean exactly?


 


 


Any further help you can give me would be great.

Expert:  JGM replied 2 years ago.
Are you the Robert Murray referred to.
Customer: replied 2 years ago.

yes i am

Expert:  JGM replied 2 years ago.
The first part simply relates to jurisdiction of the court.

The second part is the other man saying that he is the father, he is looking for parental rights orders and he is saying that the mother is saying that you are the father. I presume they have been in court about this and the court has now decided that you should get intimation of the case in the event that you want to join as a party to the action.
Customer: replied 2 years ago.

Thank you again for your reply and your help. Though I am still unsure what i should do now, as I am sure that Kerri is my daughter.

Expert:  JGM replied 2 years ago.
You have to get your solicitor to enter appearance the action on your behalf. The court can order a DNA test in respect of all parties and if all comply with the order the test will establish who the father is.

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