Hi just wondered what happens next here i am trying to co-operate with my childs dad for reasonable contact but he is refusing to be reasonable and is taking me to court refusing to see his son until its been to court he aint seen him now for 7 weeks or so anyway

i recieved a writ served on me from sheriff officers containing his case for court and if i want to defend i have sent off the notice to defend on tuesday just wondered wot happens now

does it go straight to court my ex says he was told it will take a maximium of 21 days to finalise everything i thought i would be much longer,

does the court just read his case then my defence than come to a verdict or is there some kind of in between before this is done i have heard alot on here about cafcass are they used in scotland ? never heard of them

my lawyer contacted me yesterday asking if i could get a friend or family member to go in a see her to answer a few questions

just wanted to know what to expect next thanks

I have renamed your post to help Fiona, the lady who advises on Scottish law, pick it up hun.

Sorry I cant help you.

Amanda

The rules say the sheriff clerk fixes a date and time for a Child Welfare Hearing "on the first suitable court date occurring not sooner than 21 days after the lodging of such notice of intention to defend, unless the sheriff directs the hearing to be held on an earlier date." On fixing a date the sheriff's clerk informs both parties and if children are old enough they will be invited to write to the court with their views and they may indicate a wish to attend the hearing.

All parties are required to attend the hearing personally and are under a duty to provide the sheriff with as much information as possible so that he or she can take whatever steps necessary to deal with the matter. This is intended to bring about the quick resolution of disputes about children, as long as that this can be done in a manner consistent with the child’s welfare. At the Child Welfare Hearing (which may be held in private) the sheriff can order the steps to be taken, make an order or order further procedure as he/she thinks fit.

CAFCASS does not exist in Scotland. If a court orders a report a solicitor or advocate with experience of family law will most likely be appointed. Alternatively it might be a social worker. In any event, in a private law hearing the report has to be paid for as part of the legal expenses. A reporter just reports in the terms the court asks them to and doesn't try to help the parties reach a settlement in the same way that English CAFCASS officers might.The court may also refer the dispute to a mediator accredited to a specified family mediation organisation at any stage in the proceedings

thank you ,

i recieved my copy of what my lawyer sent back with my notice to defend today and a wee note saying a court date will be set in the coming weeks.

but i seem to have got through to him at last i explained to him that it wasnt in his best interests to be refusing contact and he has now agreed to take his son three days from 11.30am till bedtime with the possibility of overnight stay in a few weeks when my son gets settled back into this routine.

but he is still pushing for the court order to finalise it and state days and times

got my court dates through today there is a child welfare hearing assigned for 4th december then an options hearing on the 16th february can anyone tell me what happens at these hearings and why have two ?

are they both heard in front of a judge will i need to get up and speak etc

any info would be good thanks

At the Child Welfare Hearing the sheriff decides what steps need to be taken. The Option Hearing is intended to give parties a chance to meet before the sheriff in order to find out if agreement can be reached without proceeding to a full proof. Child Welfare and Option hearings are usually relatively informal and held in private. If agreement can be reached it can be documented in a joint minute. A proof is a full court hearing where if there is still no agreement evidence is submitted and the sheriff imposes a decision.

Hope that helps.

Hi Jackie,
Fiona gives real sound advice on scots fam law....its a rarity on the net...thus a treasure. From my experience I would suggest you continue your research into what to expect etc....its a small closeknit community in scottish family law...an opinion backed by the Times review....the court and lawyers involved can impact on what happens in a way not recited in the law or lawbooks....what court are you attending
Elle