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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10920
Experience:  30 years as a practising solicitor.
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My fiancee has a pending charge under Section 38 after she

Customer Question

My fiancee has a pending charge under Section 38 after she had called the police, it was due to a panic and anxiety attack after a poor reaction to medication. I fear my ex wife has obtained this information and will try to use it against us to overturn
my residency order. What is the situation with that?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Does this affect the best interests of the child as regards ***** ***** order?
-Could you explain your situation a little more?
Customer: replied 1 year ago.
My fiancée has suffered from depression and she had an adverse reaction to medication which resulted in her having a panic attack and irrational behaviour. She called the police but was charged and detained. There is no history of any violence and there has never been anything directed towards any of the children (we have 2 each) - we currently live together but I am worried my ex wife - who doesn't accept residency in my name - will use it against me
Expert:  JGM replied 1 year ago.
I very much doubt that these charges will affect anything at all. If there was a reaction to medication the doctor will be able to issue a letter saying that and I doubt if any prosecution would be followed through. Your finances should see her doctor and provide her lawyer with medical evidence with a view to the lawyer speaking to the PF and getting the charges dropped.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10920
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
The PF is continuing with the charges under Section 38. I have spoken to the PF repeatedly but they are moving ahead despite the fact I am 'victim' and the only witness. My concern is that if my ex wife knows about this and uses it to overturn my residency order via a Minute to Vary
Expert:  JGM replied 1 year ago.

My advice was that an experienced solicitor deal with the PF with a view to explaining the position and producing a medical report with a view to getting the charges dropped. It is no surprise that they won't drop the charges if you have tried to deal with this yourself. Please instruct a solicitor for your fiancée. As regards the residency order, your wife would have to demonstrate that it was no longer in the best interests of the child that the residency order remain in force and that she should get a residency order. The mere fact that there is a pending charge arising from a minor domestic incident is not sufficient to merit such a variation, in my opinion.

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