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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I was looking template of an initial writ to send

Customer Question

Hello, I was looking for a template of an initial writ to send to my son's mother so that I can gain equal rights and responsibilities for him as he was born in the December before the 4,5,6 Act was passed
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Here is a general style. You will have to adapt it to your situation. You should also make sure that you know the sheriff court family rules before embarking on this exercise if you intend to do it without a solicitor. SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW [amend as necessary]​​INITIAL WRIT in causa.PURSUERagainstDEFENDER The Pursuer respectfully ***** ***** court: 1. To find and declare the Pursuer is the father of [], who was born on []. 2. To make an Order under and in terms of Section 11 of the Children (Scotland)Act 1995 conferring parental rights and responsibilities on the Pursuer inrespect of [] who was born on [], 3. To grant a Residence Order in terms of Section 11(2) (c) of the Children(Scotland) Act 1995, ordering that the child is to reside with the Pursuer; and for such order ad interim. [or seek contact order if residence order not appropriate] 4.a. To grant warrant to intimate this action upon the child.b. To dispense with the requirement to intimate this action by means of Form F9to the said child due to age. c. To grant warrant to intimate this action upon The Director of Social Work,[address] by means of Form F5, in terms of Rule 33.7(e) of the SheriffCourt Ordinary Cause Rules as amended. [only if necessary in terms of rules] 5. To find the Defender liable to the Pursuer in the expenses of this action, in theevent of her offering opposition hereto. CONDESCENDENCE 1. The parties are as designed in the instance. The parties were involved in a relationship, during which they resided together for approximately [] years. They separated in [].There is one child of the relationship under 16 years of age, namely, []who was born on [],The child is habitually resident in the Sheriffdom of Glasgow and Strathkelvin at Glasgow [amend as necessary] The Pursuer is unaware of any proceedings pending in Scotland or elsewhere which are in respect of said child. No Permanence Order, in terms of the Adoption and Children (Scotland) Act 2007, has been granted or is in force in respect of the said child. 2. The Pursuer is the natural father of the child. As he is not named on the Birth Certificate he is seeking a Declarator of Paternity and Parental Rights and Responsibilities in respect of her. The child is too young to understand the content of this Initial Writ. The child is too young to understand the consequences of any Orders made in terms of Section 11 of the Children (Scotland) Act 1995. In view of the child's age,intimation of the Initial Writ should be dispensed with. 3. [State here why order is sought and why it’s in the child’s best interests for the order to be granted] 6. The Pursuer seeks a Residence Order. The Pursuer resides at []. The house is a []bedroomed property with front and back gardens. Describe house and ability to care for child. The Pursuer believes therefore it is necessary that a Residence Order/Contact Order [as appropriate] in respect of the child be granted in his favour. 7. The Pursuer was not married to the Defender. The Pursuer is not named on the birth certificate of [] and so he does not have Parental Rights and Responsibilities in respect of her. The Pursuer accordingly seeks a Parental Rights and Responsibilities Order. PLEAS - IN - LAW 1. The Pursuer being the father of the child Declarator of Paternity should be granted as craved. 2. It being in the best interests of the child that an Order granting ParentalRights and Responsibilities be made, and that it will be better for the child that anOrder be made rather than that no Order should be made Decree should be granted ascraved. 3. It being in the best interests of the child that they should reside with thePursuer, and that it will be better for the child that an Order be made rather thanthat no Order should be made, Decree for a Residence Order should be granted as craved. [or contact order as appropriate] IN RESPECT WHEREOF PURSUER
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Customer: replied 1 year ago.
Thank you for the fast reply. There's a few things that I should have mentioned that I'm sure would have changed some of the wording in this:
My name is ***** ***** birth certificate - this was put on at a later date. My boy was born in December 2005 and my name was put on in 2010. My parentage was confirmed after a paternity test was carried out at my own expense - not court ordered.
We've never had the courts involvement for any matters in regards ***** ***** son.
My son lives with his mother as I work away - however I work an equal time rotation and when I'm home I have him staying with me for that entire time so our share of time with our son is 50-50.
Expert:  JGM replied 1 year ago.
Thanks for your response. Given what you say, what precise orders are you seeking from the court?
Customer: replied 1 year ago.
I was told by a Social Worker friend that I don't actually have equal rights and responsibilities as my son was born (apparently it goes by the date of birth of the child) before the 4/5/6 Act which granted the father immediate equal rights from birth. I just wished to get an initial writ drawn up for my sons mother to sign to give me equal rights and responsibilities as she's agreed that she would due to the fact I have invested half my time in to helping raise and care for him.
Expert:  JGM replied 1 year ago.
You mean the Family Law (Scotland) Act 2006. Before the Act there were no automatic parental rights in respect of the father. However I have no idea why a court action (initial writ) has been suggested. All you need is a parental rights agreement if she is prepared to agree to sign it
Expert:  JGM replied 1 year ago.
Here is a link that will deal with your issue:
http://www.gov.scot/Publications/2008/06/16155526/1