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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Scots Law Question Here...
Ben Jones is online now

Can you advise on scottish law

Customer Question

can you advise on scottish law
Submitted: 1 month ago.
Category: Scots Law
Customer: replied 1 month ago.
Form G1
Form of initial writ
Rule 3.1(1) INITIAL WRITSHERIFFDOM OF Grampian, Highland and Island at AberdeenColin William Dick *****Aberdeen
AB15 5LNPursuer.AgainstAngela Louise McDermott
72F Bedford Road
Aberdeen
AB24 3LP
Currently resident @ HMP PeterheadDefender.The Pursuer craves the court to grant an interdict sought in terms of the Matrimonial Home (Family Protection) (Scotland) Act 1981 Section 14 to protect the Pursuer as follows;
(i) the matrimonial home;
(ii) his daughters residence occupied by the applicant spouse;
(iii) any place of work of the Pursuer;
(iv) any school attended by his daughters that are in permanent or temporary care of the Pursuer.CONDESCENDENCE
1. The Defender has a violent nature and has attacked the Pursuer on numerous occasions; the Defender has been found guilty and has served a custodial sentence for one of these attacks in 2013.
2. Currently the Defender is detained in HMP Peterhead awaiting trial for further attacks against her three daughters and Pursuer, trial is set for 20th June 2017 PF Ref:AB17001619 and AB17001965.
3. The Defender has pled guilty to another violent attack in February 2017 against her 13-year-old daughter while in a drunken state having her pinned to the ground striking her to the head with a shoe; she awaits sentencing for this crime, this event was caught on the Pursuer’s home CCTV system and entered as evidence PF Ref:AB16011596.
4. The Defender assaulting her 15-year-old daughter (at the time) November 2016 PF Ref:AB16011348
5. The Defender has a history of alcohol and drug abuse and does not act in a manner suitable while in the family home Police Scotland has been called on many occasions circa 50 to the Pursuers property and detained the Defender to appear in court from custody.
6. The Defender has been diagnosed at Cornhill as having a mental health issue, Borderline Personality Disorder (BPD) that compromises her ability to consider other people in her immediate environment and prioritise herself.
7. The Defender has a history of taking kitchen knifes out of the kitchen drawer when in a drunken, drug educed state and walking about inside and outside the property making concerning statements that the Defender “has had enough”, that the Defender “is going to put an end to things”.
8. The Defender will take her daughters games, toys, iPad and sell them to feed her habits, she will also coheres her daughters to give her monies that the Defender fails to pay back, the Defender has also stolen money from her daughters when last entering the property in breach of her special bail conditions to not enter the property in March 2017, further statement/statements are to be taken June 2017.
9. The Defender had a physical altercation with her 16-year-old daughter on the 4th January 2017 such that the Defenders daughter wished to present herself at Aberdeen City Council’s Marischal College and declare herself homeless opposed to live under the same roof as her aggressive and violent mother, Police Scotland’s intervention was required to defuse this situation to avoid charges being brought against parties.
10. Racially motivated crime, Defender found guilty at Aberdeen Sheriff Court on the 12th June 2017.
11. The Defender has numerous other unproven charges against her such as theft of the Defenders 16-year-old daughters property (prescription glasses) and various breach of bail charges, which reflects on the Defenders character PF Ref: AB17004916 and AB17002797.
12. The Defenders behaviours now leave the Pursuer and his three daughters in a constant state of fear.
13. The Pursuers daughters have been distressed on many occasions and are slowly recovering from erratic and alarming behaviours displayed by the Defender, they feel deeply embraced by the Defenders actions seeing there mother fighting with officers shouting and swearing at the top of her voice while being placed under arrest mid afternoon in full view of all neighbours.
14. The Pursuer and his daughters want to build on the recent stability establish on the Defenders absence from the matrimonial home when bail conditions were applied in late February 2017.
15. The Pursuer believes his eldest 16-year-old daughter has developed ‘learnt behaviours’ from the Defender and will take time to recover, the Pursuer does not want his three younger daughters to endure any further exposure to the Defender.
16. None of the daughters wish for the Defender to return to the property, they state the following;
a. 16-year-old – she will not talk to her father if he lets her return to the family home.
b. 13-year-old – she will be very angry and doesn’t want the Defender stealing her belongings (including money). She has said that if her mother returns she will feel uncomfortable and unsafe ,as she feels her mother is unpredictable and unstable.
c. 11-year-old – she really doesn’t care if the Defender comes home and shows no emotion.
Customer: replied 1 month ago.
d. 10-year-old – we are happy without mum.
17. It is of concern to the Pursuer the calibre of persons the Defender now associates with such as cohabiting with a drug dealer/user other drug users and alcoholics, the Pursuer feels that puts himself and daughters at risk if these elements are invited into the family home by the Defender if she were allowed to return.PLEAS-IN-LAW1. The Defender is held on remand at HMP Peterhead until the 28th June 2017 for trial, the Pursuer is very concerned that after the trial the Defender may be released and bail conditions lifted allowing the Defender to return to the property at***** Aberdeen (Ref AB17004916). The Pursuer kindly requests the court to not allow the Defender access;
i) to the matrimonial home;
(ii) to his daughters residence occupied by the applicant spouse;
(iii) any place of work of the Pursuer;
(iv) any school attended by his daughters that are in permanent or temporary care of the Pursuer.
on or after the 28th June 2017.Colin William DickKreen,***** Aberdeen, AB15 5LNDoes this look ok to present to court
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Nicola-mod replied 1 month ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 month ago.
please progress Nicola, I need to get this matter resolved so I can make submission of this form to the court.
Expert:  Nicola-mod replied 1 month ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 month ago.
Thanks Nicola ��
Customer: replied 1 month ago.
is there nobody that can help and give me some direction???
Expert:  Nicola-mod replied 1 month ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 month ago.
please
Expert:  Nicola-mod replied 1 month ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 month ago.
I'm happy to pay more as agreed
Expert:  Nicola-mod replied 1 month ago.
Hello,
We will continue to look for a Professional to assist you. Please let me know when the price is raised and I will alert Experts.
Thank you for your patience,
Nicola
Customer: replied 1 month ago.
if somebody is prepared to review the form I'm happy to pay the agreed sum
Expert:  Nicola-mod replied 1 month ago.
Hello,
I will let Experts know. We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  JGM replied 1 month ago.

I am a solicitor in Scotland. You have made a good attempt at drafting an Initial Writ insofar as I can see what you want to achieve. Unfortunately the draft is not framed properly, however, and will require extensive work to get it into a format that will allow the court to look at it. You can either see a solicitor locally or I can redraft this for you. This will come under premium services given the amount of work involved.

Customer: replied 1 month ago.
Hi there, thanks for your response, very much appreciated.
On submission of the writ can I expect much in the way of complications, is this something that I can also get assisted with if struggling.
I don't qualify for legal aid and am looking at being out of work at the end of the month so need to be careful with what I have left as the oil industry is in a bad way at the moment.
I'm in court tomorrow for the trial of an assault against myself by my estranged wife so want to see how that goes before I commit to anything, further the trial of 3 assaults against my daughters has been postponed till the 25th Aug for reasons I'm unsure off, I can only imagine her defence is taking the matter seriously now (something they tend not to do) as they have become aware she is likely to do some proper time for her ever growing list of convictions.
Expert:  JGM replied 1 month ago.

OK, I'll wait to hear from you.

Customer: replied 1 month ago.
Hi, sorry having to work late to make up for lost time having to attend court for +6hrs.
Nothing happened in court as they couldn't play the footage, new trial date set for the 25th Aug, however advised that the some of special bail conditions have been lifted so will call fiscal's office tomorrow to better understand why and whats going on.
Still look to proceed but need to better understanding wrt to what she's now allowed to do.