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How the Children (Scotland) Act 2020 Affects Child Residence
Deciding where a child will reside after parents separate is a major issue for families. In Aberdeen and throughout Scotland, residence disputes are governed by principles that have been refined by the Children (Scotland) Act 2020. Here we explain the changes that the 2020 Act brings to the Children (Scotland) Act 1995 and residence cases.…
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What the new 2020 Act Means for Child Contact Arrangements
If you are involved in a dispute over contact with your Ex in Aberdeen, it’s important to understand the recent legal changes. The Children (Scotland) Act 2020 makes several updates that affect child contact arrangements. Here, XK Solicitors explain how the new law impacts contact cases, from hearing the child’s viewpoint, to safeguarding children during…
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The Children (Scotland) Act 2020 – Changes to Taking Children’s views
Introduction: The Children (Scotland) Act 2020 has been described as a landmark legislation that should transform how children experience court cases in relation to contact and residence matters. For parents in Aberdeen and across Scotland, this Act brings important changes that strengthen children’s rights and their safety in family disputes. Here XK Family Law Solicitors…
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Exclusion Orders in Scotland (Application by Local Authority)
When there are serious concerns about a child’s safety at home, the court has powers under Section 76 of the Children (Scotland) Act 1995 to make an exclusion order where an application has been made by a local authority. This type of order does not remove the child from the family home. Instead, it removes…
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Welfare of Children and Children’s Views – Scotland
When Scottish courts are asked to make decisions about children – whether in relation to residence, contact, guardianship or other matters under the Children (Scotland) Act 1995 — the paramount consideration is always the welfare of the child. This principle runs through all of family law and has been reinforced by later reforms, most recently…
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Scottish Jurisdiction in relation to Children
Family law cases often involve children whose lives cross borders. Section 14 of the Children (Scotland) Act 1995 sets out the rules about which court has jurisdiction and which country’s law applies in certain child-related matters. Which Court Can Hear the Case? In practical terms, most family cases involving children are heard in the sheriff…
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Section 12 of the Children (Scotland) Act 1995 – Divorce, Separation and Children.
When parents separate, divorce, or seek to annul a marriage or civil partnership, the court must consider both the legal termination of the relationship and the welfare of any children under 16. Section 12 of the Children (Scotland) Act 1995 sets out restrictions to ensure children’s interests are properly protected before a decree of divorce,…
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What Changes does the Children (Scotland) Act 2020 make?
The Children (Scotland) Act 2020 amends the Children (Scotland) Act 1995. What amendments has the new 2020 Act made? 1. Children’s Voices: Any Age, Any Suitable Way Old rule (1995 Act): Children aged 12 and older were presumed mature enough to express views in court, younger children often overlooked. However, in practice in Aberdeen and…
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Child Maintenance in Scotland – Your Questions Answered
At XK Family Law Solicitors Aberdeen, we know separated parents often have many questions about child maintenance. Here we answer the most common queries in clear, practical terms. What is child maintenance? Child maintenance is the financial support that the parent who does not live with the child most of the time pays to the…
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When Are Couples Deemed Separated in Scotland?
At XK Solicitors, we are often asked: “When does separation legally begin?” The answer matters because the relevant date (the date of separation) fixes when matrimonial property is valued and when the clock starts ticking for divorce. The Legal Definition of Separation Under section 10(3) of the Family Law (Scotland) Act 1985, the “relevant date”…
