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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I want to apply to the courts child welfare hearing.

Customer Question

I want to apply to the courts for a child welfare hearing. My ex wife has now withdrawn any contact except through her solicitor (divorce fully settled and Minutes of Agreement registered giving me access to my 6 year old son for half of holidays and at such other times as agreed...I speak by telephone to him every Friday for about 20 min).
I am in the military based in the Embassy in Algiers with seriously limited access to travel to and from Scotland and also have short-term commitments taking me away from telephones.
We lived in Dumfries for many years but a few weeks ago my ex moved my son to a new school in Linlithgow...only telling me after the event....I can get direct flights from Algiers to London or to Edinburgh via Paris. Her solicitor is based in Dumfries. I do not have one now.
Can you advise where I should lodge the bid for a child welfare hearing and advise if I need a solicitor. Reconciliation over the last 4 years has proved impossible unless I adhere to exactly what my ex wants (bit like our 18 years of marriage).
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I have received no response. I am therefore dissatisfied. Please refund my initial payment and cancel any other payments.
Please acknowledge immediately. I do not wish to deal with mastercard if we can settle immediatel
Expert:  JGM replied 1 year ago.
Thanks for your question. Experts on the site are practising lawyers and may not be able to answer you immediately. I have read your question. Your action for contact, which would involve a child welfare hearing, has to take place in the sheriff court having jurisdiction in the place that your son lives. If your wife has moved to the Linlithgow area the relevant court would be in Livingston. You would not be able to deal with this yourself and would need a solicitor in the area of the court experienced in family law litigation to draft the papers, lodge them in court, serve the papers and attend court hearings as well as draft the responses to any written defences to your action. That is not something that you can do without prior court experience and your geographical situation would make it almost impossible anyway. You need to check the Law Society of Scotland website for a solicitor in the vicinity of the court and contact that solicitor to request that they take on the case for you. I hope that helps. Please leave a positive response so that I am credited for my time.
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