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Legal matters

Proof Hearing - Scottish Law

4 replies

franticmumof2 · 20/04/2012 12:07

I have custody of 2 children.

I have been fighting through my courts with their dad/my ex for last few years and have had non stop accusations that I am a bad mother in every way possible. Social services etc have done several full investigations and every single time I have been fully cleared of any/all accusations.

My ex has now insisted on wanting full residency (he only first submitted a motion to court for full residency at the end of last year) and at last Sheriff Court Hearing Sheriff asked him if he was persisting with this and cos he said yes we are now going to a Proof Hearing.

All I know is apparently this is where my ex will provide (so called) witnesses and evidence that I am basically a bad mother. I have no idea what witnesses and evidence he's talking about as there IS nothing. Not to mention I have thrown every single aspect of my life open to scrutiny! Also surely if Social Services have never so much as HINTED at taking boys off me to live with him then how can court even be willing to go to a Proof Hearing?

I am terrified cos I don't know what to expect and would really appreciate and/all help, advice and info.

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STIDW · 20/04/2012 17:10

When no agreement can be reached during proceedings there has to be a proof hearing where all the evidence is presented and the judge decides issues of fact or law or merits. If the sheriff hasn't asked for a welfare report it should be a fairly straight forward case. Generally it is an uphill struggle changing the status quo unless there is evidence from professionals working with children (eg school, social workers, health care workers) that a child isn't surviving satisfactorily. Evidence from family, friends etc isn' considered independent and doesn't carry much weight.

Court rules and procedures in Scotland are difficult to understand and I would recommend using a solicitor if you aren't already.

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franticmumof2 · 21/04/2012 18:47

Thanks for the info.
I have a solicitor but she keeps brushing me off as this being nothing.

There have been several social services reports and reports done by agent of the court. Not once has it even been hinted that my children should be taken off me to live with their dad and the last social services report done in January this year even has a statement by social worker that she spoke to my children independently and asked them who they wanted to live with me and they emphatically said me. She also asked them if they wanted anything to change re contact with their dad i.e. see him more than they already do and again they emphatically said no. Will this be taken into account?

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oddity2001 · 02/09/2014 19:23

Hi

I was wandering how the proof hearing worked out for you and what the approximate costs were.

We had a child welfare hearing this morning. We had a different sheriff then the previous hearings. The last sheriff requested a bar report which was in my favour. We were hoping to get the recommendation of the bar reporter i.e. increased unsupervised contact.

However the new sheriff is trying to prove her self and now believes that my children are in danger due to an allegation of assault which was made against me by my wife.

The sheriff has not changed the contact times but has fixed a proof hearing. Very Very annoyed. Without reason she has some bee in her bonnet and i was on the receiving end of this.

Many thanks in advance

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MoralisRubric · 11/09/2014 20:45

Side note, if solicitors are brushing you off, always ask for the Partner that deals with client Complaints and ask for the details to make a Complaint, in terms of the Solicitor Rules and Legal Aid (Scotland) Act 2007 and the Law Society of Scotland Rules of Conduct this is required by all law firms in Scotland to have procedures in place and a designated partner to deal with this. If that fails contact the Scottish Legal Complaints Commissioner to deal with the issue.

NEVER let a Solicitor treat you like that, even if your on Legal Aid - They should not be getting free money (especially public money) at the expense if a miscarriage if justice is carried out.

A Judge never needs to prove herself once she is appointed she is in that for life - this is to secure the integrity of the Judicial System and to stop influencing factors affecting an objective view of the matter.

However, assault in itself is not enough to change contact order, unless it was against one of the children, however, it is a determinate factor. At the nd of the day it is the best interest of the child and that is staying in contact with their parents in safe environment.

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