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…
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…
“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…
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…
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,…
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,…
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…
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 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…
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…