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Will the practice of mandatory mediation become standard in Scottish family law?
FamilyLaw

Will the practice of mandatory mediation become standard in Scottish family law?

Compulsory v voluntary mediation There exist multiple contentions on the inappropriateness of imposing compelled mediation. One argument against it is that the concepts are contradictory. The main worry is that making mediation attendance mandatory goes against the cooperative spirit that is the foundation of any other kind of alternative dispute resolution. Most people agree that…

Important considerations when relocating with a child
FamilyLaw

Important considerations when relocating with a child

Making decisions regarding their children’s care arrangements can be challenging after parents have separated. When one parent is eager to leave the neighbourhood of the previous family home, good intentions to concentrate on co-parenting or “parenting apart” and what is best for the kids may wane. What should you do if the other parent refuses…

Important considerations when choosing a legal guardian for your child
FamilyLaw

Important considerations when choosing a legal guardian for your child

“How do I appoint a legal guardian for my children and what do they do?” was the question posed in the first blog post of the “Children’s Guardians” series. The second blog post in this series addresses important factors to take into account while trying to name a guardian in your will and living in…

How to avoid divorce costs – Scotland solicitor
FamilyLaw

How to avoid divorce costs – Scotland solicitor

One of the most difficult and incapacitating situations that clients might encounter is the breakdown of families, often addressed within the realm of family law. It is impossible to overstate the possible effects on the couple’s emotional and physical health, as well as their financial situation and maybe the well-being of their kids, particularly children…

Equity and equality in the Family Law Scotland
FamilyLaw

Equity and equality in the Family Law Scotland

Divorce – Family Law Scotland It is a prevalent misconception that divorcing couples are obligated to partition the property they have acquired during their marriage equally. They do not. You can locate the law in section 9 (1) (a) of the Family Law (Scotland) Act 1985. The property must be distributed “equitably” among them. However,…

Can a parent leave everything to one child in Scotland? understanding Scottish inheritance laws
FamilyLaw

Can a parent leave everything to one child in Scotland? understanding Scottish inheritance laws

Situated in the central region of Scotland, where verdant highlands merge with venerable heritage, the regulations about inheritance endure through a fusion of convention and equity. Whether a parent may be permitted to leave everything to a single child transcends mere personal preference and delves into intricate webs of legal constraints, familial privileges, and societal…

Postnuptial Agreement & Prenuptial Agreement FAQs
FamilyLaw

Postnuptial Agreement & Prenuptial Agreement FAQs

A prenuptial agreement is a document, also commonly known as a prenup, which provides a formal written contract that individuals engage in before their marriage or civil partnership. A prenup set out exactly the division of financial assets in the unfortunate event that the marriage ends and the couple separates, or the event of a…

How Many Times a Week Should a Dad See His Child in Scotland? A Guide to Understanding Family Law
FamilyLaw

How Many Times a Week Should a Dad See His Child in Scotland? A Guide to Understanding Family Law

Parental access, particularly the frequency of a father’s visitation with his child, presents substantial ethical and sentimental implications amidst the majestic landscapes and illustrious legal heritage of Scotland, emphasizing the importance of maintaining quality time between father and child. Family law in Scotland is predicated on the child’s welfare and best interests, which dictate the…

Navigating the Criteria If A Parent Is Unfit For Custody in Scotland: Insights into Family Law and Child Custody in the UK
FamilyLaw

Navigating the Criteria If A Parent Is Unfit For Custody in Scotland: Insights into Family Law and Child Custody in the UK

Scotland’s legal system is characterized by a deep-seated dedication to safeguarding the well-being and optimal outcomes of children, particularly in the context of family law and custody disputes. This dedication influences the definition and standards by which an “unfit father” is deemed to violate the law. The term in question possesses considerable significance and ramifications,…

What is a c100 form family law Scotland – Solicitor
FamilyLaw

What is a c100 form family law Scotland – Solicitor

In Scotland, the equivalent of the C100 form used in England and Wales is known as the “Form F9 – Application for an order relating to parental responsibilities and rights.” This form is used to initiate court proceedings concerning parental responsibilities and rights (PRRs) in Scotland, often involving a family court decision. Purpose of Form…

Essential Legal Advice on Adoption in Scotland: Insights from a Solicitor
FamilyLaw

Essential Legal Advice on Adoption in Scotland: Insights from a Solicitor

Adoption is more than a legal process—it’s a heartfelt commitment to expand your family and provide a loving, stable home for a child. In Scotland, the legal framework ensures that all parties involved are supported and protected throughout this transformative journey. Here’s a deep dive into the critical legal aspects, seasoned with advice directly from…

Information regarding Divorce and Separation in Scotland – Divorce in Scotland
FamilyLaw

Information regarding Divorce and Separation in Scotland – Divorce in Scotland

In addition to being an emotionally charged experience, divorcing a spouse can also be complicated. Below are the fundamentals that require your attention. Why a divorce is granted – Divorce in Scotland The ground for divorce in Scotland is that there has been an irretrievable breakdown of the marriage and no prospect of reconciliation. The…

What are the legal ramifications of a cohabitation agreement and rights in Scotland?
FamilyLaw

What are the legal ramifications of a cohabitation agreement and rights in Scotland?

What does cohabitation mean? According to section 25 of the Family Law (Scotland) Act 2006, cohabitants are “two people of the same sex who are (or were) living together as if they were civil partners” or “a man and a woman who are (or were) living together as if they were husband and wife.” The…

Navigating the Complexities of Parental Stability in Scottish Family Law
FamilyLaw

Navigating the Complexities of Parental Stability in Scottish Family Law

Parenting is one of life’s most challenging roles, and stability is often a key measure in the assessment of a suitable environment for a child’s development. In Scotland, the term “unstable parent” is not legally defined; rather, it is a term more likely to be used in social work or family law discussions when addressing…

How can a mother lose custody in Scotland? – Legal Advice – Parental Rights
FamilyLaw

How can a mother lose custody in Scotland? – Legal Advice – Parental Rights

Nothing is worse for a parent than to lose custody of their child. The concept of the child’s best interests, which takes into account a variety of factors including parental behaviour as well as the child’s wants and desires, is the foundation upon which custody decisions in Scotland are made. The goal of this blog…

Can a Parent stop child access to the Father/Mother in Scotland? – Parental Rights
FamilyLaw

Can a Parent stop child access to the Father/Mother in Scotland? – Parental Rights

In this blog we will dive into the areas of laws for child access and if a parent can refuse access. Legal Framework Governing Child Access in Scotland At the core of Scotland’s approach to child access is the Children (Scotland) Act 1995, along with subsequent amendments and the Family Law (Scotland) Act 2006. These…

What is the Family Law Act in Scotland
FamilyLaw

What is the Family Law Act in Scotland

The entire piece of legislation, the Family Law (Scotland) Act of 2006 regulates numerous facets of family life and relationships in Scotland, highlighting the role of the Scottish Parliament in family protection. It includes provisions on matrimonial residences and interdicts, divorce, financial provision upon divorce, cohabitation, and the protection of children from abuse. An essential…

At what age can a child choose which parent to live with in Scotland?
FamilyLaw

At what age can a child choose which parent to live with in Scotland?

When parents separate or divorce, one of the most challenging issues they face is determining where their child or children will live, often necessitating a court to grant a residence order. In Scotland, as in many jurisdictions, the welfare of the child is the paramount consideration in any decision regarding custody or residence and contact…

Do I Have a Parental Right to Know Who Is Around My Child in Scotland
FamilyLaw

Do I Have a Parental Right to Know Who Is Around My Child in Scotland

Parental Responsibility agreement When it comes to our children, their safety is our prime concern, that’s why it’s important to ascertain if an unmarried father has parental responsibility for a child. As a parent in Scotland, you might wonder about your legal rights to know who your child is spending time with, especially when they…

Exploring Shared Child Custody in Scotland: Is a Father Entitled to 50/50 Custody?- Child Arrangements
FamilyLaw

Exploring Shared Child Custody in Scotland: Is a Father Entitled to 50/50 Custody?- Child Arrangements

When it comes to child custody arrangements following a separation or divorce, many parents wonder about their rights and entitlements, particularly in the context of gender equality in parenting roles. In Scotland, a father may ask: am I entitled to 50/50 custody of my children? This blog post will explore what Scottish law says about…

Deciphering Section 37: A Look at Family Law in Scotland
FamilyLaw

Deciphering Section 37: A Look at Family Law in Scotland

Understanding family law can often seem like navigating a complex labyrinth of legal jargon and statutes. One such piece of legislation that frequently comes up in Scottish family law is Section 37. In this post, we delve into what Section 37 of the Family Law (Scotland) Act 2006 entails and its implications for families in…


Louise McCreaLouise McCrea
21:55 14 Nov 22
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Cody WoodCody Wood
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11:28 19 Oct 22
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Jordi CornellaJordi Cornella
09:24 05 Oct 22
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