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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10899
Experience:  30 years as a practising solicitor.
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Hi I would appreciate your advice please my daughter I am ashamed

Resolved Question:

Hi I would appreciate your advice please my daughter I am ashamed to say has kicked out her 16 year old son on 2 March 2014 and he has come to live with me he is still at school and she is refusing to give him his belongings that he was given for christmas and birthdays by her and others also she has now kicked out her 15 year old daughter and is applying the same pressure she is due to go on a school trip to Barcelona on 13th June and she is refusing to give her the passport which she has to give to the school by the 12th June and she is also not letting her 12year old son see his dad althought she let him visit last night and quizzed him when he got in the car her and her boyfriend looked high on drugs and we were worried for his safety we called social work who deemed it was not an emergency and did nothing please advise
Submitted: 2 years ago.
Category: Scots Law
Expert:  clairep80 replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What steps have been taken so far to recover their belongings?
Clare
Customer: replied 2 years ago.

Hi Clare


We asked the mother if she would give them their things and she said no we spoke to the police and they said we needed proof of purchase which we never kept and the social work dept said they can ask but they have no powers to make her hand them over and Lewis aged 12 is still with her although he has said he wants to live with his dad but does not want to hurt her feelings by saying so

Expert:  clairep80 replied 2 years ago.
Hi
There are a number of ways forward
In terms of the belongings of the eldest child the only option is for their father to issue County Court Proceedings on behalf of his son for the value of his belongings.
It is to be hoped that the mother would rather return the goods then pay the cash.
With regard to the younger child the father can either do the same, OR he could make an application under the Children Act for a Specific Issue Order for the return of her belongings
Such an application could be made as an emergency to request the release of the passport.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,


That was helpful but you did not mention the youngest son Lewis who is 12 what can we do about getting him away from her bad influence he told his dad he hated me his grandmother which I know was not him it came from his mum and he wants to stay with his dad but cant bring himself to tell her as he does not want to hurt her

Expert:  clairep80 replied 2 years ago.
Hi
That is exactly the problem.
Unless the child is willing to express the fact that he would prefer to live with his father then there is little that can be done
Clare
Customer: replied 2 years ago.

Hi

can you please give me more info on how to make an application under the children act for a specific issue order as an emergency request and how long would this take as we are running out of time to get her passport for her school trip on 13th June 2014

If the passport is still with the passport office what can we do as our initial enquiry to them we were told we would need to get a letter from her to get it sent to her dads address if she will not hand over the passport there is not much chance of her giving us a letter we asked if they could send her passport to the Glasgow office and her dad and her could go there with proof of identity but we have not had much response so far

Expert:  clairep80 replied 2 years ago.
Hi
I am a little confused - has her mother got the passport or not?
The form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
You take it to court as an urgent application and the fee is £215
Clare
Customer: replied 2 years ago.

Hi


 


The mother says she does not have it but it should have been sent out by now so we are just trying to cover all the bases

Expert:  clairep80 replied 2 years ago.
Hi
I am sorry - are you all living in Scotland?
Clare
Customer: replied 2 years ago.

Hi


Yes we are all in Scotland

Expert:  clairep80 replied 2 years ago.
Hi
Then I think it would be best if I opt out and transfer this to a Scottish colleague as there may be other options within your courts than those available here in England.
Please be patient this may take a little while but my colleagues are worth waiting for
Clare
Customer: replied 2 years ago.

Hi Clare


 


Sorry I should have said this at the beginning thank you for all your help I will wait to hear from your colleague

Expert:  JGM replied 2 years ago.
Thank you for your question.

Is your son in a position to apply to the court for a residence order for th two younger children? If so he should do so immediately and at the same time ask the court for an order for delivery of all the children's belongings and passports.

Your son should see a good family lawyer immediately as he won't be able to make these applications himself.

I find it very unsatisfactory that the social work department won't intervene where there is an allegation of drug abuse in the household but the correct way to proceed is to apply to th court for an order that the children will stay with their father. The 16 year old can of course elect to stay with whoever he wishes.

Given the urgency of the situation, the solicitor should get papers into the sheriff court at the start of next week.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10899
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi


I have passed your reply on to my ex son in law unfortunately he is not in a position to pay for a lawyer


 


We are still trying to get the passport but she is still saying she does not have it but phoned her daughter to say someone else has it but will not say who

Expert:  JGM replied 2 years ago.
He should see a lawyer and apply for legal aid.
Customer: replied 2 years ago.

Hi


I did not think you could still get legal aid


 


the police have told us this is a civil matter and there is nothing they can do for us although the passport courier said they delivered it on Wednesday 11 June at 12.30pm and she signed for it

Expert:  JGM replied 2 years ago.
In Scotland you can still get legal aid for family matters. Your son in law should go and see a solicitor and ascertain whether he qualifies financially for legal aid.
Customer: replied 2 years ago.

Thank you for your advice I will pass this on

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