Separating in Scotland post-Brexit

2021-01-30T16:40:00+00:00January 30th, 2021|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Family Law News, Separation Agreements, Uncategorized|

31 December 2020 brought the end of the UK’s transition period for leaving the European Union and with it, a long-negotiated 1246-page Brexit agreement. But aside from the headline-grabbing issues, Brexit also has implications for those looking for family law advice in Scotland. Particularly affected are cross-border cases where families have connections with countries outside Scotland and parties therefore need to obtain legal advice about their situation.

Pre-Brexit, the rules for determining which court could hear a dispute and how court orders were recognised and enforced was contained in one tidy EU Regulation known as “Brussels II a”. Post-Brexit, Scotland has […]

Divorce week 2020 – How to prepare for a meeting with a family law solicitor

2021-01-10T17:45:12+00:00January 10th, 2021|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Separation Agreements, Uncategorized|

We’ve just come to the end of the first working week of the year – traditionally the busiest week of the year for family lawyers. Christmas and New Year holidays have historically been a time when couples have had the opportunity to share some downtime and reflect on their time together – and sometimes take the decision to go their separate ways.

In 2020, the festive season brought about additional pressure for families on top of what was undoubtedly a very stressful and unusual year for everyone. The coronavirus pandemic meant families spent prolonged periods together at home. For a large […]

Blog: Christmas 2020 Contact

2020-11-03T12:00:48+00:00November 3rd, 2020|Children & parenting issues, Family Law News|

With Scotland’s tier system in place (for now at least) and a national lockdown just announced for England, Christmas 2020 is undoubtedly going to look very different from our usual celebrations. It’s typically around this time of year that separated parents begin to consider contact arrangements over the festive period. Whether the arrangements are by agreement or are ordered by a court, it can be difficult to coordinate family plans and discussing the division of the holidays can be an anxious time. Add in the complete uncertainty as to what the restrictions are likely to be in 7 weeks’ time, […]

Blog: Children (Scotland) Act 2020 – what does it mean for me?

2020-10-02T15:37:32+00:00October 2nd, 2020|Children & parenting issues, Family Law News, Separation Agreements|

Following much discussion, debate and consultation with the legal profession, parliament finalised the terms of the long-awaited Children (Scotland) Act 2020 on 25 August 2020. The new legislation amends the Children (Scotland) Act 1995 which has governed child care arrangements for decades. Amendment has been considered necessary due to changing household structures and evolving court processes. But what does the Act mean for those who are a party in a court action involving the welfare of children?

Children’s views at the centre of proceedings

The 2020 Act aims to place children at the very heart of proceedings which relate to them. […]

Impact of Covid-19 on Child Maintenance Payments

2020-03-30T13:39:43+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 […]

Separation and Wills in Scotland

2020-03-26T14:06:46+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 […]

Coronavirus and child contact: will this impact you?

2020-03-25T16:01:00+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 […]

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

2020-03-19T09:45:45+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 […]

The new form F9

2019-09-24T15:26:23+00:00July 24th, 2019|Children & parenting issues|

It is at the very heart of the Scottish legal system, that all individuals have a right to have a say in any decision that will affect them and their families. One question that many of our clients ask is “how will this decision affect my children?”. This is particularly true in child contact cases. Parents are naturally concerned about involving their children in their court case.

Research, commissioned by the Scottish Government, has pointed to the importance of ensuring legislation is aimed at putting children at the center of decisions that affect them, while also stressing that the views of […]

Surrogacy in Scotland

2019-07-24T13:28:12+00:00July 24th, 2019|Children & parenting issues|

Receiving the title of “mummy” or “daddy” is single handedly one of the greatest achievements of an individual’s life.  However, the road to parenthood is not always an easy feat.  With medical and scientific advancements coming on leaps and bounds, this poses certain problems for our surrogacy laws, which we are now decades old and out of date.

How is the law changing and what benefits will new UK wide law commission consultations have to those who are seriously considering the surrogacy option?

Current laws surrounding surrogacy

In a society of Kanye Wests and Kim Kardashians, it is no surprise that surrogacy is […]

Go to Top