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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13204
Experience:  30 years as a practising solicitor.
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My son is seeking a divorce in a Scottish Court. He is the

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My son is seeking a divorce in a Scottish Court. He is the Defender in the citation.
He has been advised to seek a solicitor to assist him in preparing his Defences in Ordinary Cause Rules by the Elgin Court.
If he prepares his defence could you advise that all the correct paperwork has been raised and no rules have been broken in submittal of this defence

I am a solicitor in Scotland. Can you explain precisely what your son needs done? I will come back to you later today.

Customer: replied 10 months ago.
My son will prepare his defence based on Ordinary cause rules, he wants to try to move the court hearing closer to the Scottish/English Border e.g. Glasgow or Edinburgh, he is opposing all claims made by his wife especially over Matrimonial property and will submit counter claims on the matrimonial property. He has a court order for access to his children, which has not been followed by his wife but will not require additional right of access
He has submitted notice to Elgin Court that he intends to defend the Writ and as such is willing to prepare a defence based on a line by line answer to the initial writ submitted by his wife's solicitor, this is the document that he thinks he needs help with, to ensure that court rules and etiquette are complied with. Also if any additional paperwork which has to be submitted, if this could be listed it would be a great help.Kind RegardsDavid Harnett

Happy to do that. Once I see the Initial Writ and his proposed defence I will send you an additional services offer for what I think it will cost to revise the Defences. Do not post anything personal directly to this thread. I will give you a private email address to send the documents although any discussion will continue here. The court will issue a timetable giving several dates including the last date for lodging Defences. Your son should in the meantime read the Ordinary Cause rules carefully so as to become acquainted with some of the procedure. Note that the court will NOT transfer the case to another court and the case will remain where it is.

Customer: replied 10 months ago.
Apparently my son only has a hard copy of the Initial Writ, we will get this transferred into an electronic format so that we can forward this plus his defence to you to the e-mail address you advise. He will study the Ordinary Cause Rules as advised to construct his defence
The last date for lodging his defence is 21/3/2018, plus 11/5/2018 is the last date for making adjustments to the Writ or Defence
Could you advise why the court will not be transferred, is it based on where the initial writ is lodged?
Kind RegardsDavid Harnett

Scots Law doesn’t allow for the transfer of actions from one court to another except in very limited circumstances which don’t apply here. A family law case is heard in the court which has jurisdiction over one or other of the parties. I presume the wife resides in the jurisdiction of Elgin Sheriff Court. The documents can be sent to***@******.*** which is an email address to which only I have access to. Let me know here when this has been done, however. The ordinary cause rules will only be of limited assistance in putting properly drafted Defences together. If he has no experience of written court pleadings, perhaps he would be better to draft a full statement just giving his reaction to what is said and what he wants to achieve in any defence/counterclaim and I would draft the Defences. I could estimate the cost once I see the statement and the Initial Writ. It’s up to him. Dealing with Ordinary court actions in family matters are difficult when you have no legal training and I don’t want the action to get off on the wrong foot for him. He will also have to be present at the Family Options Hearing the date of which will be on the timetable letter.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 10 months ago.
Just forwarded our defences to e mail document refusal
Kind regards
David Harnett