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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 816
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have been issued with citation regarding child and family

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Hello, I have been issued with citation regarding child and family law. My estranged wife craves the court for a non molestation interdict whereby I cannot approach or contact her. This is all completely false and at no time has the police been involved. I won a case regarding my two daughters staying in Shetland as my estranged wife wanted to move off the island with them. I haven’t seen my girls since and has written a load of false allegations against me. Will the sheriff act on this as it’s very thin on evidence and so fabricated. I haven’t got a lawyer now as my last one retired and I’m now having to represent myself as I can’t find anyone that’s slab registered willing to take on a case in the isle
Assistant: Where are you? It matters because laws vary by location.
Customer: I’m in the Shetland islands Scotland lerwick sheriff court has jurisdiction
Assistant: What steps have you taken so far?
Customer: I submitted a minute to vary asking for residency if the the girls in the first instance and for a legal access order in the second. A hearing on Friday morning is planned for her crave but mine hadn’t come back yet. I wasn’t aware of her intensions until last night when I recurved papers
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I won in court to stop her taking the girls in 2015 then again 5 months ago as she tried again so a bit of history.

Hello my name is Ross and I can help with this matter.

Firstly, please don't panic about the craves your ex partner has made to the court. This is very common and the court wont act on simple allegations. What you will want to do if you are representing your case, it present your defence to the judge. If there are any potential issues in relation to what your partner has said then the court would see if there is any substance to these. There is no way they are simply going to believe your ex partner. The courts are also very live to these types of allegation. What you will want to do is tell the court that you are willing to "give an undertaking" not to approach your ex pattern or her home etc. however, for you to facilitate this undertaking there will have to be other arrangements put in place so that you can see the children. What the court are likely to is make an order so that you can see the children without having contact with your ex partner, for example hand over or contract can be facilitated by a contact or mediation centre. The court are not going to act based on one persons word. As I said, they are very "alive" to these types of situations. Prepare what you are going to say to the court and tell your side of the story calmly and pragmatically. The court will always look at what is best for the children and use every endeavour to facilitate this.

I hope this information has helped.

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Kind regards

 

Ross

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Customer: replied 6 days ago.
Hello again,
If I am party litigant in the Scottish courts ( Lerwick) Do I need to register my attendance? I currently have until the 21 December to produce my defense against allegations which my estranged wife has produced to the court.