Admin, Author at Edinburgh Family Law

Blog: Covid court – what can I expect when attending court in a pandemic?

Admin2020-12-08T17:30:40+00:00December 7th, 2020|Information|

In March 2020, the world as we know it changed for everyone. The Scottish legal system was not immune from the effects felt by the rest of the world. Courts immediately closed to all but essential business, hearings were cancelled and cases were put on indefinite hold. Yet legal problems did not go away. Solicitors required to advise clients that their cases could not proceed in court and no estimation could be given as to when that may be possible. Parties who had spent years waiting for a resolution to their case had to wait even longer. Something required to […]

Impact of Covid-19 on Child Maintenance Payments

Admin2020-03-30T13:39:43+00:00March 30th, 2020|Children & parenting issues, Information|

The impact of COVID-19 reaches beyond a risk to public health and well-being. The damage the coronavirus will have on our economy is becoming increasingly more apparent. Many business owners have had to shut up shop with staff being made redundant and others being asked to take pay cuts to their normal salaries. This is worrying for all, especially those with young families and dependants. While there are reliefs being made available for expenses such as mortgages, many clients have been in touch in relation to continuing maintenance obligations for their children.

The situation and guidance is constantly evolving, however, we […]

Coronavirus Crisis: Guidance on Compliance with Court Orders Relating to Parental Responsibilities and Rights

Admin2020-03-27T15:28:20+00:00March 27th, 2020|Family Law News, Information|

This short statement is intended to offer general advice to parents and carers whose children are the subject of orders made by a court relating to parental responsibilities and rights, for example in relation to contact or residence. During the current Coronavirus Crisis, it is understandable that there may be some concern regarding how court orders can safely be complied with. The circumstances of each child and family will differ, but the following general guidance suggests how to proceed appropriately.

Parental responsibility for a child who is the subject of any order relating to parental responsibilities and rights made […]

Separation and Wills in Scotland

Admin2020-03-26T14:06:46+00:00March 26th, 2020|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Family Law News, Separation Agreements|

Stay home, protect the NHS, save lives.

In these uncertain times, we are all staying at home to keep our loved ones safe. You can further protect your loved ones by making sure that you have an up-to-date Will in place. Our Private Client team is working from home and we are ready to help you. If you already have a will but have questions or you wish to update your Will then a member of our Private Client team is available to discuss this with you either over the telephone, via Skype/Facetime/Zoom and by email to help you make arrangements […]

Edinburgh Sheriff Court: Coronavirus Emergency Contingency Arrangements

Admin2020-03-27T12:58:30+00:00March 26th, 2020|Family Law News|

CORONAVIRUS

EMERGENCY CONTINGENCY ARRANGEMENTS

EDINBURGH SHERIFF COURT

GUIDANCE IN RESPECT OF CIVIL AND CRIMINAL BUSINESS

Guidance has been issued over the past few days with regard to both Criminal and Civil business.

That guidance requires to be updated following the stringent restrictions put in place by the United Kingdom and Scottish Governments on Monday of this week.

With immediate effect the following arrangements for the programming of courts will apply.

A court will be programmed to deal with criminal business including custodies each day of the week.
There will be no civil courts programmed until further notice. However, a sheriff will be available to determine any […]

Coronavirus and child contact: will this impact you?

Admin2020-03-25T16:01:00+00:00March 25th, 2020|Children & parenting issues, Information|

The world is gripped in the COVID-19 corona virus crisis. The government is taking steps that have never been taken in living memory. Many clients have already been in touch to discuss how the fast changing situation will affect their individual cases, so we wanted to offer some general guidance on the most popular topics

Existing contact orders and proceedings…

In almost every case about children it is essential that parents ensure meaningful contact continues to take place. The government has issued advice that whilst the current extremely strict guidance requires everyone but key workers to remain […]

Covid-19: Civil Court Suspension

Admin2020-03-25T09:14:12+00:00March 24th, 2020|Family Law News|

We have received confirmation today from the courts that all civil court business will be suspended at least until 19^th June. This means that any hearings fixed between now and 19^th June will be postponed until a later date. this includes cases that have been assigned proofs, Child Welfare Hearings and all procedural courts. The court has the capacity to hear the most urgent of cases where orders are needed for immediate protective orders only. This is where the safety of an adult or child is at risk. The court will not be processing any new Family Law cases and […]

Is the law for cohabitees changing?

Admin2020-03-23T08:18:31+00:00March 23rd, 2020|Cohabitation, Information|

In 2006 there was a radical change in Scottish law. For the first time ever, couples who lived together but weren’t married were given some legal protection. At the time there was an outcry that this was a step towards the destruction of “traditional family values” and predictions that this would cause hardship rather than benefits.

Those naysayers have been proven wrong. The change in law has ensured that people have been able to end relationships on a more fair financial basis. Either party is entitled to apply to the court for a capital sum, or an award of money, as […]

Children (Scotland) Bill: What it means for families and their children

Admin2020-03-19T09:45:45+00:00March 19th, 2020|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Protection from Harassment & Domestic Violence|

Society has changed enormously since 1995 when the last major piece of legislation about children came into law in Scotland. We now have same sex marriages, laws on surrogacy and protection for cohabiting couples. The current laws on children are out of date. The government is currently progressing a new bill to bring Scottish child law into the twenty first century. The bill is in draft at the moment, but contains significant measures which, if implemented, will drastically change the current way family law is practised.

So what’s included?

Views of the child

What does little Jimmy or Jessie think? The courts have […]

Divorce & Pensions Made Simple

Admin2019-08-14T12:42:45+00:00August 14th, 2019|Divorce & Dissolution of Civil Partnerships|

The division of assets on the breakdown of a marriage can be very difficult, as the funds which once comfortably managed to support one family unit, now have to support two. This can often leave families stretched when two separate units are taken into consideration.

While many assets can be taken into account, one which a client often worries about is their pension interests. A pension can, collectively, be the highest valued asset that someone will own in their lifetime. As such, careful consideration must be given to what extent a pension can be regarded as matrimonial property for divorce and […]

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Stay home, protect the NHS, save lives.

Views of the child