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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12300
Experience:  30 years as a practising solicitor.
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I would need assistance regarding a family law matter which

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Hello,I would need assistance regarding a family law matter which is complicated by the fact that the pursuer has raised an action from an overseas court.The pursuer and I have been married in the UK in 2008 and subsequently divorced with an order from a Scottish court in 2015.
From the marriage we had one child (born 2012). Since separating in 2012, my ex wife, together with our child, have moved to live in Italy.
My ex wife has now raised action with an Italian Court to have the terms of our divorce amended in regards ***** ***** Child Maintenance. And the Court is asking me appear for a hearing in less than a month time.I would like to stop this new action as I believe the jurisdiction should be conferred to the Court that originally entered the order (i.e. UK based Jurisdiction).I would like to know from you if there is a way to dispute the jurisdiction and what would I have to do to make sure the Court hearing gets cancelled.Sincerely yours,
Martin
Customer: replied 8 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.

Thank you for your question. I am a solicitor in Scotland. The courts in Scotland don't del with child maintenance. Is it a Scottish Minute of Agreement you have?

Customer: replied 8 days ago.
The divorce decree does not specify any arrangements regarding the child. We had a verbal agreement which settled the matters regarding our child.The point here is that I received this request to appear in an Italian Court, the request was written in Italian and I have no way to get legal help here in Glasgow unless it's translated in English.
Surely the papers should have been served upon me translated into English?And I have no way to get legal help over in Italy as it's a foreign country. It don't seem to have any options to defend myself.
The reason I asked you the question I did was that you said that your ex was wanting a variation of the divorce regards ***** ***** I will assume that the divorce did not deal with child maintenance. Child maintenance as an ongoing liability is dependent on where the child stays. If that is in Italy their law applies and you will have to do something about this. I suggest you contact a firm of solicitors in Scotland who have Italian connections and will be able to help you, such as Franchi Finnieston in Glasgow. Www. ffmcw.co.uk. I hope that helps. Please leave a positive rating so that I am credited for my time.
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