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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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I wonder if you could tell me under what law a Scottish sheriff

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I wonder if you could tell me under what law a Scottish sheriff court could arrest my passport please, there are no children involved and the case is divorce to which I made a counter claim on a separation agreement I signed when I was placed under pressure by my ex husband. The divorce was granted and 4 subsequent hearings were set to look at finances. I lost the counterclaim but have a hearing now on expenses that I requested be continued as I was unable to make the dates set by the court while I was abroad. My boyfriend lives in the USA and that is where I was when the dates were set. I had to terminate the services of my lawyer as I got no service from him throughout my case and will be attending the court unrepresented. Now I have an expenses hearing and the court request I attend and produce my passport.
Thank you.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
This is a civil case so the circumstances whereby the court can ask you to surrender your passport are very limited, normally in connection with the welfare of children, which isn't the case here.
My suspicion is that the sheriff may have taken it upon himself to ask for sight of your passport to establish that you were in fact in the US on the date of the hearing that you asked to be continued. I very much doubt that it's to stop you leaving the country.
If you can narrate the terms of th letter from the court I would be happy to discuss further.
Please leave a positive response so that I am credited for my time.
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