Guest viewing is limited

Scottish law

F

Foxtrot936

New member
Member
Is there anyone in here from Scotland and been through the courts regarding access to kids , I posted other other day but I never specified I was from Scotland
 
Have a good read of various things on that site and a bit on the left further down that page in the blue box.

It's still "Residence" and "Contact" in Scotland. (Instead of Custody and Access). It used to be that in England and Wales but is now "lives with" and "spends time with".

The odd thing I know that is different is - legal aid is available in Scotland - but I believe it can take quite a long time to get it through and not sure of the criteria or if it's means tested or how high any means test threshold is but it's worth looking into. Also you can have what's called a "Minute of Agreement" in Scotland which is drawn up by Solicitors without going to court. Presumably the equivalent of a consent order in England without court. But obviously if agreement can't be negotiated between parents then a minute of agreement is likely to fail. Then it's a case of applying to court. And a Judge is called a Sheriff (I think).
 
Last edited:
Ash said:
Have a good read of various things on that site and a bit on the left further down that page in the blue box.

It's still "Residence" and "Contact" in Scotland. (Instead of Custody and Access). It used to be that in England and Wales but is now "lives with" and "spends time with".

The odd thing I know that is different is - legal aid is available in Scotland - but I believe it can take quite a long time to get it through and not sure of the criteria or if it's means tested or high high the means test threshold is but it's worth looking into. Also you can have what's called a "Minute of Agreement" in Scotland which is drawn up by Solicitors without going to court. Presumably the equivalent of a consent order in England without court. But obviously if agreement can't be negotiated between parents then a minute of agreement is likely to fail. Then it's a case of applying to court. And a Judge is called a Sheriff (I think).
Click to expand...
 
Some info about legal aid (sounds like it is means tested).

www.lawscot.org.uk

Legal aid

Find out about legal aid in Scotland and the types of situations where an individual may be eligible to receive legal aid.
www.lawscot.org.uk www.lawscot.org.uk

www.mygov.scot

Legal aid

Legal aid helps with the costs of legal advice and representation in court – find a legal aid solicitor and apply to the Scottish Legal Aid Board.
www.mygov.scot www.mygov.scot
 
Thanks again 💚
Ash said:
Looks like legal aid is available if you have less than £26,000 a year "disposable" income (presumably that means net income) and less than £13,000 in savings.

walkerlaird.co.uk

Legal Aid In Scotland – A Guide to Eligibility & Legal Aid Contributions

Our family lawyers in paisley can provide expert advice as to whether you are eligible for CLA and we have provided the following helpful guide.
walkerlaird.co.uk walkerlaird.co.uk
Click to expand...
Well I've certainly not got.that disposable income lol thank you
 
  • Like
Reactions: Ash
I could help a little where possible depending on what stage you at. It seems a lot more archaic than the English system, but it is possible to self represent. My wife was entitled to legal aid before we got married. We’ve ended up self representing where possible as her ex tried to use the courts as a weapon and we were spending thousands just to defend his ridiculous demands. It’s a difficult slog self representing in Scotland as there are no simple forms to be filled in. Only reason we were really able to do it, was the several years of applications back and forth giving us examples of the minutes needed.
 
I'm really just at the start just now pal , seeing the kids 2 day's a week and one weekend but I only work 12 shifts a month so I can accommodate the boys half the month , ideally thats what I want to do
 
Eddie wales said:
I'm really just at the start just now pal , seeing the kids 2 day's a week and one weekend but I only work 12 shifts a month so I can accommodate the boys half the month , ideally thats what I want to do
Click to expand...
Take a look at the shared parenting link Ash provided. There arevery good example documents in the Appendix’s. It’s slightly outdated as there were some big changes in 2023, so they’re working on an update. They take ask for the children’s views a lot earlier (over 5) in Scotland now, but it’s still all at the discretion of the sheriff. If it’s starting out it will be the Initial Writ you will need to draft, spelling out what’s happened and what you are after. There’s a £141 filing fee at the sheriff court, and once it has been accepted you would be responsible for instructing a Sheriff Officer to serve the documents on your Ex. Roughly £120 service fee. You are also responsible for filing confirmation of service with the court.

Obviously anything that can be worked out with your ex directly would be beneficial and less hassle, but I imagine you wouldn’t be asking here if that was likely. I’m not to sure what the rules about mediation prior to court are in Scotland so that might be worth looking into (will show you in a better light if you’ve tried and failed to agree something).
 
  • Like
Reactions: Ash
Had to sack my lawyer as costing to much , ex cut a day off me without any reason so sent this to her lawyer myself, seems OK to me whatbdoes anyone think ?
 
What was the rationale around stopping the Wednesday overnights? Does she just come and collect them early now? Your letter seems ok, if she says no what are your next steps?
 
I just deleted the screenshot as it had your name in. Btw is your username your actual name? If so can you let me know what to change it to - we ask people to use anonymous usernames.

Unfortunately I didn't read the screenshot before deleting lol! So perhaps you could just summarise what you said in the email. Thanks.
 
ScottishThistle said:
Take a look at the shared parenting link Ash provided. There arevery good example documents in the Appendix’s. It’s slightly outdated as there were some big changes in 2023, so they’re working on an update. They take ask for the children’s views a lot earlier (over 5) in Scotland now, but it’s still all at the discretion of the sheriff. If it’s starting out it will be the Initial Writ you will need to draft, spelling out what’s happened and what you are after. There’s a £141 filing fee at the sheriff court, and once it has been accepted you would be responsible for instructing a Sheriff Officer to serve the documents on your Ex. Roughly £120 service fee. You are also responsible for filing confirmation of service with the court.

Obviously anything that can be worked out with your ex directly would be beneficial and less hassle, but I imagine you wouldn’t be asking here if that was likely. I’m not to sure what the rules about mediation prior to court are in Scotland so that might be worth looking into (will show you in a better light if you’ve tried and failed to agree something).
Click to expand...
Cheers that's really helpful. I also thought some of it was a bit out of date. Is there any other info anywhere that you know of?

If you can get legal aid then I'd get on with that now - so you can get a solicitor again.
 
You must log in or register to reply here.
Back
Top