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…
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…
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…
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…
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…
You might be asking what first measures you could take to get through this challenging process as fast and pleasantly as you can if you’ve decided to separate or divorce. In family mediation, a neutral, skilled professional helps a couple get the support they need to come to their own decisions about children, property, and finances…
Trauma is real, but let’s tackle Adverse Childhood Experiences earlier – Courts are right to take trauma into consideration, but perhaps the best time to deal with it is in childhood. For some time now, sentencing guidelines in Scotland have recommended that courts take Adverse Childhood Experiences (ACEs) into account when dispensing justice, with the…
After the epidemic and limitations put a stop to many vacation plans for two years in a row, summer 2022 is predicted to be a boom season for families taking international vacations. Have you “packed” your child’s travel authorization? Verify that you have packed all of the necessary items for your vacation as the planet…
An accomplished Clarity Simplicity estate planning attorney can help you avoid countless stresses, save countless sums of money, and give you an incredible amount of peace of mind to draft a will. You might also learn something unexpected, such as the fact that it is never too early to create your own will. Here are…