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?
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”)".
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.