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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience:  30 years as a practising solicitor.
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SCOTS LAW, FAMILY LAW. The mother of my daughter breached

Resolved Question:

SCOTS LAW, FAMILY LAW.

The mother of my daughter breached the court order (order is sisted at present) that is in place for me to see my daughter at weekends when I am home. I am representing myself in court and would like to know what forms I would need to fill out and send to the court to:-

Take the mother back to court to have the order amended so I can request measures can be taken for me to have my daughter put back into my care if this sort of thing happens again.

Apply for an order to be made for the mother to not relocate with my daughter.

Request that I have full custody of my daughter until her mother has been fully assessed by a professional to say that she is both physically and mentally fit to continue looking after my daughter, and also have her drug tested.

Could I just apply by motion G6 form and request all this in the one go when it is brought back up before the Sheriff? If the answer is yes, then what do I need to do to prior to attending the child welfare hearing regarding paperwork to the mothers solicitor etc?

Thanks.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You fill in a G9 detailing the terms of the motion you want the court to consider. From what you say you are seeking a residence order for the child to live with you. A custody order is incompetent nowadays as there is no such thing as custody.

I am assuming that in the court action which is sisted you have a crave for a residence order and an application for interdict preventing the child from being taken to live outside the sheriff court area.

Also note that the court does not have the power to order a drug test.

So on the basis that the action already has Craves for a residence order and interdict, you proceed by way of motion. You serve the G6 on her solicitors and they would watch a notice of opposition in the form G9. The court would then fix the hearing on the motion.

The motion would be:

1. To recall the sist,

2. To make a residence order that the child stays with you.

3. To enter that the defender from interfering with your care of the child and from removing the child from the sheriff court district.

I stress that the court action must have the appropriate craves to enable such a motion. If it does not you will have to amend the action and or raise a fresh action with those craves. The court cannot make orders that have not already been craved.

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

Thank you very much.
I have only an order stating that I see my daughter at weekends when I am home. There are no craves to the court that I would like residence or an interdict preventing the child from being taken to live outside the sheriff court area - so how do I make these craves to the court, what forms need filled out and sent in?


Thanks.

Expert:  JGM replied 2 years ago.
If there are no claims in the existing action, you cannot do this by way of a motion. Either you will have to raise a new action for residence and interdict or you will have to try to amend the existing action. To amend the existing action you will need to draft a Minute of Amendment and apply to the courts to have that allowed.

Whichever option you choose it would be preferable to have a solicitor do the drafting for you as this is much more than a form filling exercise.
Customer: replied 2 years ago.
Affirmative.
Just to clarify. If I wanted to take the mother back to court to have measures put in place so I could have my daughter returned to my care if she was to stop me from seeing her again then it would be a G9 form sent into the court?
Thanks.
Expert:  JGM replied 2 years ago.
If you have craved a residence order, yes.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience: 30 years as a practising solicitor.
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