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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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My son was in a relationship with someone who had two children

Resolved Question:

My son was in a relationship with someone who had two children from a previous relationship. After she sent an illicit video to his friend they split up. She withheld his own child from him and informed the Police and accused him of domestic violence and with beating the children. He managed to see his child after Court action. Her two children have Special Needs and a diagnosis saying the make up stories. After two years she managed to bring this to a Sheriff Court, the time involved was because there was no physical evidence only two child statements. He was found not guilty of domestic abuse. However, the case involving the children was whittled down to two complaints, choking and punching. I heard the procurator in the Courtroom saying she had a problem with punching as there was never any marks on top of that there was only a slim window of opportunity as he worked long hours and was never alone with the children. The procurator said we could change punch to strike and that would just leave a red mark that could disappear on the Mother's return, they all agreed to change it. She notified the Sheriff on his return to Court. My son was charged with striking and choking over an eight year period. The children never said how long, or use the word strike. Is this possible?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Did your son plead guilty to the amended charge of striking and choking?
Customer: replied 2 years ago.
No he did not plead guilty to the amended version. This was done in The Court room while waiting for the Sheriff to return, the Sheriff was told there had been an amendment and my son's Solicitor was informed, however there was no discussion with my son. The procurator majored on a previous incident that one of the children had complained about my son hitting her, this incident was dealt with and also included her Mother. My son has emails apologising by Social Work for not looking into The child's diagnosis of autism which included making up fanciful stories. The child also took money out of my son's wallet and handed it round classmates to make friends. The teacher brought this to her Mother's attention, she was not disciplined in any way it was just put down to her diagnosis.
The other child also has a history at school of telling lies about teachers and manipulation. This forms part of his diagnosis for ADHD. None of this was produced to the Sheriff.
Expert:  JGM replied 2 years ago.
If he was found guilty after trial he has a right to appeal within seven days. If evidence was not led that should have been led then there may be a poor representation issue and he should change solicitor.
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