Hi im representing myself at child welfare hearing i have served writ on ex with my craves she has now told so many lies in her defence that i can prove are false can i ask for a social services to investigate her as i think she is mentally unstable also anybody give me advice on how procedings start and can i ask for interim contact if no agreement is made on day thanks any help appreciated
A child Welfare Hearing is a fairly informal affair, intended to bring about the quick resolution of contact disputes, aiming to resolve the problem(s) and bring about agreement, if at all possible. A child welfare hearing is fairly informal and usually held in private, with only the parties and their legal representatives and the Sheriff usually being present. The child’s welfare will be the court’s paramount consideration.
The sheriff will ascertain from parties, or their solicitors if they are to be represented, what matters are in dispute in relation to the child. Parties provide the Sheriff with information relating to the issues in dispute.
Solicitors (or the party litigant) put each side''s case to the Sheriff, then after discussion, if an agreement can’t be reached, the sheriff will set out a timetable how to proceed. The sheriff may make interim orders, or refers both parties to a family mediator, like Relationships Scotland.
If parties are unable to reach agreement, disputes may have to be decided after often lengthy and expensive ''proof hearings'' where the parties give spoken evidence and are subject to cross examination, and where witnesses may also be called to the hearing to provide testimony, or supply a written affidavit. It would be at a proof hearing that you would be given the opportunity to disprove your ex''s allegations; well, she would have to prove them.
When you say "mentally unstable" can you explain further? SS would only investigate if there is a child protection issue. If you are concerned about the welfare of your children, is it not possible that they could live with you until a decision is made?