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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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Good morning. I am considering whether I have cause to sue

Resolved Question:

Good morning.
I am considering whether I have cause to sue for defamation. I am in a custody battle with my ex wife which has become rather unpleasant unfortunately. The court recently ordered an s11 report to be prepared and in the process a childminder was interviewed, included in the report was a statement from her that she had recently noticed a change in my son's behaviour whereby he was more rebellious and unsettled when returned from my care.
This cannot be true because I collect my son from school every Friday and return him directly to school every second weekend and his mother collects him on Saturday the other times. The childminder only cares for him on wed and thurs therefore never sees him directly after he has been with me. Also his class teacher who sees him every Monday morning after a weekend with me has been asked and has no conern about his behaviour or noticed any pattern.
Basically I believe the childminder has lied for my ex, who is the person that employs her. Do you think it would be possible, and advisible, to take action against her outwith the court case that I am involved in with my ex.
It really angers me that she has tried to damage my reputation as a father and don't want her to get away with it, even if I get her evidence thrown out of the original case. I am based near Glasgow, thanks.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland. The comment of the childminder was made in the context of a court report. The court proceedings are privileged and as such no defamation proceedings can be raised against any party for statements made during or a part of the proceedings. The correct way of dealing with this is to cite the child minder at the relevant time and cross examine her in relation to the statement insofar as she can't possibly make such a statement given the times she sees your son. I hope that helps. Please leave a positive rating so that I am credited for my time.
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