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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I went to the pre proof hearing today and the judge said to

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I went to the pre proof hearing today and the judge said to me he has decided not to consider one of the allegations which involved sexual allegation against my daughter. She returned from school and told her mother what had happened to her. Instead the
school and the swd forced her mother to say she was responsible and that my daughter must admit it. The social worker set about sexualising my daughter and forced the mother that day to write to the school to say it was my daughter that instigated it for play.
When I heard about the incidence, I requested explanation and they instead made out that it was my fault she is behaving the way she is. Now given that they have no case, the sheriff now insist he will not deal with the matter in this case. My position is
if wont deal with it in this case, then the report on the matter should be removed from records as the name of a minor should not be disclosed in this no matter case. What he is telling is that I should not have a say it that matter to protect my daughter.
I do not have a solicitor and the solicitor for my wife is making it very difficult for me to find a lawyer that will prosecute this case for me. I have a feeling they are rail-roading me now in this case. I also have a case oversea and it started before this
case for a divorce and the preventing the child from entering the country as the mother wants to carry out FGM on her which she now denies. The Sheriff has refused to sist this case in order for other to be completed arguing that this case has nothing to do
the other, the child is born her and therefore has jurisdiction. I disagree as the child has substantial connection due to parenthood. He has refused to burg. How do I seek resolve this matters in my favour as they also want to follow the route of convenience
in the matter of the FGM?
Thank you for your question. I am a solicitor in Scotland and will assist you.
The overseas case will not be deemed relevant to these proceedings so you can forget any argument about that.
As regards ***** ***** case, you can appeal a decision made at a pre proof hearing. You would have to look at the interlocutor (minute of proceedings) written up following the pre proof hearing. It is likely that you would need leave to appeal that interlocutor. That has to be applied for within 7 days.
If you aren't in a position to appeal that you can proceed to proof and appeal the eventual judgment.
In other words, the answer to your question is that if you don't like the sheriff's decision your option is to appeal to a higher court. I suggest you should get a solicitor, however difficult you perceive that to be.
I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.
Do you have solicitors you would recommend willing to take my case?
We're not allowed to recommend particular solicitors. You need a good family law solicitor in your area. Contact the Law Society of Scotland and they will be able to recommend someone.
JGM and other Scots Law Specialists are ready to help you