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.
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.
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