I have been separated over four years from my very abusive husband. I initially sought legal help to begin the divorce process but ex has dragged me back to Court time and time again over the smallest things regarding our DC as he has the time and money to do so, and due to the costs involved in this I am no further forward in even applying for the Decree Nisi. I am no longer in a position to pay for legal help so I am currently having to represent myself to oppose his latest motion.
While attending Court in the past, it has been frustrating to have local (to the Sheriff Court, not to me) stand-in lawyers representing me (on my lawyer's behalf) as my own lawyer has only ever been able to attend once. Their knowledge of my situation has been quite basic due to this obviously and it is difficult to appraise them of concerns/arguments against and my evidence of this in the brief minutes before we have to go into the court. In addition the Hearings are very perfunctory and never seem to take account of the issues that are at the heart of the matter.
I will be back in Court again in the near future due to ex lodging his latest motion; Ex wishes to have sole residence of the DC for up to five weeks at a time as this suits his work and lifestyle - I would not see DC during these periods but be expected to be the f/t time carer out with these times. The DC have not been consulted in any way about this by ex and it is far from the views they express when I have asked them, sensitively, what their wishes are (they are 10 and 11).
I feel very strongly that the past domestic abuse (and ongoing attempts to control myself and the DC) has been glossed over during the legal proceedings and that the DC have been the last consideration throughout. As we are in Scotland we do not have cafcass but we do have the Children's Reporter. I believe that this would be a far less emotional (and expensive) way of proceeding and a forum where the voices of the DC would actually be heard. I am aware that the Children's Reporter would not touch a 'case' which is under the jurisdiction of a Sheriff (and usually vice versa) but...would I be within reason to request that the Sheriff consider remitting the matter to the Children's Hearings system? (I would also offer to self refer as this would mean there would be no need for involvement by SS).
I would be very grateful for any thoughts on this as I'm not sure how much longer I can keep going.
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Would a Sheriff consider this?
5 replies
CopperNitrogenTitanium · 22/06/2016 17:09
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