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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12283
Experience:  30 years as a practising solicitor.
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What application form do I need to start a contact order for

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What application form do I need to start a contact order for my child in Scotland?

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.

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Customer: replied 1 year ago.
Ok thank you for your answer , are there any other alternative ways to take this action myself? , I am a good father I have never missed my current contact of split 13 hours a week or missed any maintenance payment and I am named on the birth certificate dated june 2014 ,I stick to my childs routines etc ,however my X is refusing any overnights or a timescale of when this could happen ,
Am I correct in saying this action is easier in English law, ie to represent yourself ?
"A contact action is not one which you would generally deal with yourself in a Scottish court " Are you saying it is not possible at all to do this in Scottish courts.? No disrespect to you or solicitors in general but I don't see why I should have to pay 5,6,£7000's to get more access to my own son .?

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 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.

Customer: replied 1 year ago.
Ok thank you for your clear and precise reply .
I understand most professionals study for years...
Yes In the eyes of the law ,
It may not look like I am acting in the best interest of my son if i tried to represent myself ...but I can ensure you that in my heart,morally and my parental instinct I know I am .I do not need the law personally to tell me that.
albeit it may not seem to normally be a strong point in males ..I
When my own 2 year old son acts out going to bed ..saying sweet dreams and waking up in the morning in front of me during the day ... it pretty much tells me that a weekly overnight stay would be in his best interest...anyway I think I am wandering off from what you actually mean.
unfortunately for me ...I do not qualify for legal aid . I understand these legal systems are there to protect the child,
however I feel the system is out-dated and needs revision and definitively biased and unfair towards the non resident parent .
Disgusting really that If I want more contact with my own flesh and blood I have to pay thousands pounds to get someone else to do it for me .?/?bewildering is an understatement ..
Surely if the law acts upon the best interest of the child in Scotland ...then this process would be completely free! but it is not, so it is failing the child right from the start and therefore it does not act in the best interest of the makes no sense !
That is just my opinion and sorry if I have come across angry personally .Just Frustrated
Thank you for your time and answers

Youre welcome. Don't forget to leave a positive rating so that I am creditd for my time.