FamilyLaw

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

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

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?

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

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

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

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

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?

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

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

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…