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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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I obtained a writ from a sheriff in Scotland to stop my wife

Resolved Question:

I obtained a writ from a sheriff in Scotland to stop my wife remove our daughter out of the country for fear she would carry out her wish to have our daughter FGM (circumcised). I also want contact with my daughter.
My wife had threatened if I did anything to stop her she would tell the authorities I sexually molested our daughter. The sheriff said before he could decide he wanted a report from the children’s reporter. The children’s reporter dropped the request by the social works department for referral of our daughter because none of the grounds could be established. My writ was put on hold during from the case of the children’s reporter.
Now my wife has gone back to court to ask the court to grant her permission to travel with our daughter out of the country to visit relative. I have opposed this motion because my position is:
1.0 The sheriffs order is still in place for the Children’s reporters report, my writ is still in place, and the motion from my wife is part of this writ.
2.0 My opposed motion is that since this motion is part and parcel of my writ, the writ has to come back as a whole and not piecemeal.
3.0 If this happened, it will not be fair to me or safe for my daughter. I will be legally and financially dissadvantaged; the rights of my daughter and mine will be violated pursuing this case this way because the writ was brought as a spiritual whole and not piecemeal; the outcome of one should be determined by the outcome of the whole. A dilution by bringing the case piecemeal like this would put my wife in financial advantage over me and also take away impact of the sheriffs decision from the whole.
Will it be possible for the sheriff to accept my wife’s motion and how? And if the above opposed motion against were not accepted by the sheriff what will be best possible approach to stop my wife action?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Is there an order in place preventing your wife from removing your daughter from the country?

Has the reporter produced a report for the sheriff?

Have you any evidence or is there a history of the family practising FGM?
Customer: replied 3 years ago.

Yes there is interim order in place.

 

I wrote to the Reporter during the hearing and requested the SWD report to the case and they came back to court and abandoned the case without explanation. I complained and the sheriff said though he understood my concerns, he is obliged to dismiss the case without explanation. The reporter may be reluctant to write the report to the sheriff. So I am not aware if there is a report from the Reporter to the sheriff.

 

My wife and step daughter are circumcised even though my wife disputes my step daughter is circumcised and she claimed they have stopped the practice in my wifes generation in her village. She also admits FGM is rampant in the country. My response is since FGM is rampant in the country, a report from expert in FGM should be produced to show if my daughter goes to that country, what percentage risk will she be under if she is allowed to take the child to that country. The sheriff agreed and put the interim order in place while we wait for reporters report and the case revived after.

Expert:  JGM replied 3 years ago.
If the interim order is in place for that purpose then I don't see how your wife is going to persuade a sheriff to allow her to travel abroad with your daughter.

Your idea of a report is a good one. You may want to contact a university to see if a suitable expert works there.
Customer: replied 3 years ago.

You did not answer the point whether it is allowed to cannibalise a writ with multiple motions - picking and choosing which pursue.

Expert:  JGM replied 3 years ago.
Yes, it is. Any party can enrol a motion for an interim order if it's relevant to the case.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

I cannot therefore see relevance between my wife taking my daughter to see relatives who believe in these things, the risk of circumcision and my fears.

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