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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11142
Experience:  30 years as a practising solicitor.
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Hello I recently went to court against the mother of my

Resolved Question:

Hello

I recently went to court against the mother of my daughter to gain a contact order. The court granted me the contact that I asked for. I employed a solicitor for this.

I am now representing myself due to the high cost of employing a solicitor.

I am just wondering for in the future how I would go about raising another child welfare hearing, is there any e-mail address or phone number for the local court to arrange a hearing? And where would I send my Minute to Vary in to prior to attending the child welfare hearing?

Also; the mother of my child has been saying she is going to move away to England. Since there is a court order in place that I see my daughter every weekend that I am home and collect her from her nursery, is there anything stopping her from moving away?

Please note that this is Scots Law - Family.

Thank you.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

As far as her moving away is concerned, if that happened she would be in breach of the court order and you would also be entitled to seek an order preventing her from removing the child from the sheriff court district.

If the court process relevant to your current contact order is still live (you don't say what stage the action has reached) then you apply to the court by motion to have the existing contact order varied. If the process is concluded then you have to lodge a Minute to Vary the existing order.

These documents have to be sent to the court. The courts don't do these case by telephone or email. If you are representing yourself you MUST know the rules of court inside out and I regret to say they are not user friendly. Look at the ordinary cause family case rules at www.scotcourts.gov.uk.

You may want to establish whether you might qualify for legal aid as I would not recommend that you do a family case yourself. You can check this at www.slab.org.uk

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for your reply.


 


I may seek an order to prevent her from removing my daughter from the court district then, although I think these comments are more than likely empty threats than anything else.


 


Okay, I see. I was just under the impression that there was an e-mail address to send documents in before any hearing, as the solicitor that I had previously had to amend the Minute to Vary the night before the first welfare hearing and I couldn't think of any other way she could get it to the court in time for the hearing the next day unless she emailed it through?


 


The order has been suspended (don't think that's the correct terminology) to monitor contact.


 


I will have a good look on that website you sent me, thanks.


 


I wouldn't qualify for legal aid as I have a well paid job. The reason I am representing myself is because the solicitor bill will just be continuous as the mother of my child is always making things difficult and going through her solicitor every time she wants to talk to me about anything really. She receives legal aid so it's no big deal for her to contact her solicitor at any time. I have just had to pay a 10,000 pound bill, which could and would have gone towards my daughters future. I don't grudge having to pay this bill as I got exactly what I wanted out of it, but just can't be paying bills similar to this amount in the future. I know it's not the wisest to represent yourself in any case but I feel it is the best way for now.

Expert:  JGM replied 3 years ago.
From what you say the current case is sisted which means it still exists but there is no current procedure. You can enrol a written motion in Form g6 to bring the case back to court.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for your help.
Expert:  JGM replied 3 years ago.
You're welcome.