A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

Specific Issue Order In Scotland??

  • compfedup
  • compfedup's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Aug 12 #350925 by compfedup
Topic started by compfedup
Hi there,

My idiot of an ex is, again, withholding my daughter''s passport so, from investigation, I know I need to lodge a Specific Issue Order with the court for them to tell him what an idiot he''s being. My problem is that it doesnt seem to be called that in Scotland, or at least I cant find the form or any mention of it on the court web pages. Does anyone have any experience of doing this in a Scottish court and can point me in the right direction please?

Thanks

xx

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
21 Aug 12 #350927 by rubytuesday
Reply from rubytuesday
Do you need the passport imminently?

  • compfedup
  • compfedup's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Aug 12 #350930 by compfedup
Reply from compfedup
No. I''ve not booked yet but he likes playing games (he made us cancel and go by train last time) so I want to have it in my hand before I book.

xx

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
21 Aug 12 #350933 by rubytuesday
Reply from rubytuesday
You can make an application under section 11, subsection 2, paragraph E of the Children Act (Scotland)1995 - "an order regulating any specific question which has arisen, or may arise, in connection with any of the matters mentioned in paragraphs (a) to (d) of subsection (1) of this section (any such order being known as a “specific issue order”)".

  • compfedup
  • compfedup's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Aug 12 #350934 by compfedup
Reply from compfedup
Oh right, thanks very much. I dont know why I cant find how to do it. I''ve been looking all morning and can only find the C100 for English courts :0S xx

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
21 Aug 12 #350936 by rubytuesday
Reply from rubytuesday
There is no form, you would require a solicitor to write up a Writ.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
21 Aug 12 #350991 by Fiona
Reply from Fiona
Usually matters relating to passports and holidays are resolved through solicitor negotiation or mediation in Scotland. Applications for Specific Issue Orders are under s11 Children(Scotland) Act 1995 and normally you apply by writ in the format of Form G1, which is available to download on the Scottish Courts'' website.

The Ordinary Cause Rules (also available from Scottish Courts website) sets out the procedure for Sheriffs'' courts and Chapter 33 is the relevant section for family cases. It''s very important for the writ to be drafted carefully in a specific style so that all the facts that the other side is to defend and the orders you are asking the court to make are set out. That''s why most people require a solicitor, but anyone on an income of less than £25k may be eligible for legal aid.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11