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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor.
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My partner has a Motion of Contact being heard in front of

Resolved Question:

My partner has a Motion of Contact being heard in front of the sheriff in a couple of weeks time. We have heard that his wife has opposed the motion and that we will not be told what the opposition is in relation to, until the day of the hearing. Is that so?
If so, how do we defend or counter the opposition, since we he is not needed to ne in court in person? Is opposition to contact motions normal? And can we appeal if the sheriff disagrees with the motion?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The court rules don't insist on your partner being in court for the hearing but unless his solicitor is aware of what the nature of the opposition is it is obviously necessary that your partner has to be there and it would be extremely unusual for the solicitor not to have him there.

A motion is dealt with by way of statements made in court by the solicitors. It is normal for the solicitors to discuss the contested issues before the court date so that instructions can be taken but he should still be there on the day in case any additional issues are made by the other side or indeed the sheriff.

You can appeal but appeals on contact issues are rare unless the sheriff gets the law wrong. An appeal is not possible just because you disagree with the sheriff's view of the case.

I hope this helps. Please leave a positive response so that I am credited for my time.
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