How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

What application form do I need to start a contact order for

Customer Question

What application form do I need to start a contact order for my child in Scotland?
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

There is no application form. The action is commenced by way of Initial Writ which is a document drafted from scratch by your solicitor. The initial writ craves contact, specifies the factual and legal basis for the action and is lodged with the courts and served on the other parent. In due course the court assigns a child welfare hearing. A contact action is not one which you would generally deal with yourself in a Scottish court. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10897
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 9 months ago.
Ok thank you for your answer , are there any other alternative ways to take this action myself? , I am a good father I have never missed my current contact of split 13 hours a week or missed any maintenance payment and I am named on the birth certificate dated june 2014 ,I stick to my childs routines etc ,however my X is refusing any overnights or a timescale of when this could happen ,
Am I correct in saying this action is easier in English law, ie to represent yourself ?
"A contact action is not one which you would generally deal with yourself in a Scottish court " Are you saying it is not possible at all to do this in Scottish courts.? No disrespect to you or solicitors in general but I don't see why I should have to pay 5,6,£7000's to get more access to my own son .?
Expert:  JGM replied 9 months ago.

There is no easy way to represent yourself in Scotland because the papers are drafted specially for each case by a qualified lawyer. In England, it is easier to represent yourself as the system has been set up to take account of the fact that legal aid is not so widely available in England as it is in Scotland for family law cases. However it is perfectly possible for you to represent yourself if you know how to draft the papers and know the various court procedures and rules involved in conducting a family law case. As regards ***** ***** these are reproduced at www.scotcourts.gov.uk. The drafting of the court papers you could get from a legal styles book. Don't forget that lawyers study for years to be able to conduct court cases in the same way that doctors, surveyors, teachers, engineers all learn their profession. If you intend to represent yourself you will have to learn how to do so or your action will fail at the first hurdle. There are particular legal averments that have to be made in every action, for example jurisdiction, satisfaction of the best interests of the child test etc etc. If you do this yourself you are not disrespecting solicitors as regards ***** ***** You would not be acting in the best interests of your son as you would not be representing his interests properly unless you are quite clear that you have the knowledge of the law and procedure to do this yourself.

Customer: replied 9 months ago.
Ok thank you for your clear and precise reply .
I understand most professionals study for years...
Yes In the eyes of the law ,
It may not look like I am acting in the best interest of my son if i tried to represent myself ...but I can ensure you that in my heart,morally and my parental instinct I know I am .I do not need the law personally to tell me that.
albeit it may not seem to normally be a strong point in males ..I
When my own 2 year old son acts out going to bed ..saying sweet dreams and waking up in the morning in front of me during the day ... it pretty much tells me that a weekly overnight stay would be in his best interest...anyway I think I am wandering off from what you actually mean.
unfortunately for me ...I do not qualify for legal aid . I understand these legal systems are there to protect the child,
however I feel the system is out-dated and needs revision and definitively biased and unfair towards the non resident parent .
Disgusting really that If I want more contact with my own flesh and blood I have to pay thousands pounds to get someone else to do it for me .?/?bewildering is an understatement ..
Surely if the law acts upon the best interest of the child in Scotland ...then this process would be completely free! but it is not, so it is failing the child right from the start and therefore it does not act in the best interest of the child....it makes no sense !
That is just my opinion and sorry if I have come across angry personally .Just Frustrated
Thank you for your time and answers
Expert:  JGM replied 9 months ago.

Youre welcome. Don't forget to leave a positive rating so that I am creditd for my time.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.