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What to expect from a divorce solicitor in Scotland - child hearing?

mbluefin
Posts: 2
Joined: Thu Jun 30, 2022 8:26 pm

What to expect from a divorce solicitor in Scotland - child hearing?

Unread post by mbluefin » Sat May 27, 2023 10:56 pm

I have had my 1st child hearing this week re future arrangements about my daughter in an acrimonious divorce. so far the Sheriff recommended to get a child welfare report and mentioned I might be entitled to legal aid, as there is a big discrepancy in income between me and my husband.

my problem is that because our divorce involves finances no local solicitor would take me on with legal aid, they all want to work on private rates.
I don't quite understand why we cant go through the child hearings with legal aid, yet they say it would involve finances somewhere down the line, that's why as soon as they hear 'finances' they say they will only do private rates. I cant move out of marital home until some sort of a financial settlement is reached.
(a little background on my situation - social services recommended us shared parenting and that we see our daughter separately - they're no longer involved and ignore me asking them for any further help. my husband moved our daughter to his retired mum and continues to reside with me whilst I have been forced into staying in hotels and airbnbs on my days because he does not let me to stay with her overnight in our marital home. I have tried Womens Aid, yet their refuge is very far from my daughters school, which would make it difficult to share her care with my husband's mum as I do not drive).

my current solicitor is not very good - they forgot to lodge my affidavit on time, and I feel like I am not getting any real advice from them for court. he did not tell me what I could write in the affidavit (however, they wrote it for me and I added on what I thought was relevant ). It is hard to get a personal meeting as well, so far I have talked with him through phone consultations. finally, he sent in a trainee for my first court hearing and did not warn me about it.

can I get my share of the child welfare report paid on legal aid if I am part-time/still registered for UC? does anyone knows any solicitors in X that work on clawback with private rates?
Are the above mentioned issues quite common with solicitors, or I am not lucky with my solicitor and need to change him?

Thank you to whoever could provide any insight.
Last edited by Suzie, FRG Adviser on Fri Jun 02, 2023 10:05 am, edited 1 time in total.
Reason: Moderated to protect confidentiality

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: What to expect from a divorce solicitor in Scotland - child hearing?

Unread post by Suzie, FRG Adviser » Fri Jun 02, 2023 10:06 am

Dear mbluefin

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser. I am sorry to hear that you are going through a difficult divorce process and that you are finding your solicitor unhelpful.

Unfortunately, I cannot advise you on your situation as it is outside our remit. Family Rights Group does not advise on divorce or other private law matters and we advise families in England only.

As you have a solicitor it is best to get legal advice from them and where this is difficult you could raise this with a senior partner in the firm to try to resolve.

You may find the Law Society (Scotland) website helpful as they set out what you can expect from your solicitor and provide a find a solicitor search facility.

I hope this helps.

Best wishes

Suzie

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