Ask a Scots Law Question, Get an Answer ASAP!
I am a solicitor in Scotland. Can you explain precisely what your son needs done? I will come back to you later today.
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.
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.