Helpful Guidelines to Safeguard Your Childrens Rights, and Your Own...

1 - On consultation with a solicitor, take along someone you can trust, who can act as an advocate on your behalf. (Be very careful with jargon and ask for clarification if you don’t understand any words or systems.)

2 - Ask to see a copy of any correspondence that has been dictated, and view it before you authorise it to go to the other party’s solicitor.

3 - Shop around for a solicitor. If you don’t feel confident or happy with their services, don’t engage with them.

4 - Write down any questions / statements you require to be addressed about your child’s welfare.

5 - Ask to see qualifications / proof of vetting, of people gathering information about your child.

6 - If submitting an application to the Legal Aid Board for your case to be means tested /funded, you could draft the following statement, and attach it with your application. Remember to retain a copy for your own records.

Sample Letter to Legal Aid Board

To whom it may concern

As this application is submitted on a child welfare case, I request that none of the results of my individual means tested funding be supplied to anyone gathering information about my child, who may be inappropriate/ unqualified to gather information and make recommendations about my child’s future.

I require the following to be in place:

•  Proper certificate of training / qualification in child welfare / family issues.
•  Enhanced disclosure vetting system to be provided by them, prior to any     information released.
•  Written approved guidelines to inform me what the report / interview
    shall consist of.
•  Approved governing body, who will regulate the reporter assigned to my     child / family.

7 - Prior to interview going ahead, get written confirmation of above from the person that is assigned to your family.

8 - Ask someone to support you in the interview to safeguard your rights (someone you can trust).

9 - If you have suffered violence / harassment from an ex-partner, and have to enter into the same building as them, make sure there is effective security in place. Write to Scottish Court Service Headquarters (Address on the Useful Links page), and ask what security system they operate. If you feel it is not adequate, ask for reasonable written request prior to going to court.

10 - Always make sure you put things in writing to the Scottish Legal Systems / Operations. Keep a copy for yourself and send correspondence with proof of posting.

11 - Request a private interview room to discuss your child’s case within the court setting. Direct this request to the court clerk.

12 - If you are unsure about signing anything, do not do it spontaneously, state that you require reasonable time and seek advice.