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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11147
Experience:  30 years as a practising solicitor.
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My ex girlfriend lives in Scotland and i live in England until

Customer Question

My ex girlfriend lives in Scotland and i live in England until recently she has stopped me having any contact with my 2yr old daughter,she has moved and not given me any forwarding address,i would appreciate any advice you could give as to what i need to do,i am named on my daughters birth certificate.Thank you
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
As you are on your daughter's birth certificate you do have parental responsibilities and can seek a contact order from the court. The court will grant such an order unless there is evidence to the effect that it would not be in your daughter's best interests to do so. You don't say why contact was withdrawn and why she moved without giving you her new address.
You need an address so as to be able to serve papers and so that you know what court district the action is to be raised in. In Scotland the sheriff court in the district in which your daughter stays is where the proceedings have to be raised. So if you can't find out the address yourself you will have to instruct a private investigator such as Fox Investigations to do this for you and this will cost about £300-£500. You will then have to instruct a solicitor in the area to raise an action for contact and also to seek an interim order for contact which will ensure that the court will fix a Child Welfare Hearing within a few weeks of the action being raised. You will have to attend that hearing where the sheriff will make such an order as he considers to be in the best interests of your daughter.
You may also want to consider asking the court for an order stopping your ex from removing your daughter from her address without the authority of the court so that she can't just disappear again in the future if she feels like it.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

The reason contact was ceased is because she is in a new relationship,I know she is still living in Glasgow. Is there anyway we could find her through the electoral role?

Expert:  JGM replied 2 years ago.
You could possible find her through the electoral roll as long as she hasn't opted out of the roll that's available for public inspection.
Customer: replied 2 years ago.

Sorry for all these questions but how do we go about getting papers served to her do we contact the sheriffs court in her home town,

Expert:  JGM replied 2 years ago.
Your solicitor will do it for you. The court papers are drafted by the solicitor and go to the court which then authorises service of a copy on her. That is done either by the solicitor through the post or by sheriff officers personally.