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Exceptions to the General Rule (Age of Legal Capacity (Scotland) Act 1991)
Section 2 of the Age of Legal Capacity (Scotland) Act 1991 Section 2 sets out important exceptions to the Section 1 baseline (under-16s have no general transactional capacity; 16+ have full capacity). These exceptions recognise real-life situations where children can act with legal effect. The section is current law on legislation.gov.uk. The exceptions:- 1) Everyday/age-typical…
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Children’s Hearings in Scotland – Children’s and your Rights
Children’s Hearings are special meetings to help keep children safe and supported. They are not the same as the courts, but they are part of the legal process. Here are the main rights you and your child have if you are involved in a hearing: Rights of the Child Rights of Parents and Carers Safeguards…
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The Age of Legal Capacity in Scotland
Section 1 of the Age of Legal Capacity (Scotland) Act 1991 explains who has legal capacity. The core rule in Section 1 What counts as a “transaction”? The Act defines this very broadly (s.9): anything with legal effect, including unilateral acts, e.g., giving a gift, making a will, giving legally-effective consent, bringing/defending civil proceedings, acting…
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Regulation of Contact Services in 2020
The Children (Scotland) Act 2020 introduced significant reforms to the way child contact is regulated in Scotland. Section 10 of the Act amends the Children (Scotland) Act 1995 to ensure that when courts make orders for child contact to take place at contact centres, those services are properly regulated. This change is designed to protect…
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New Register For Child Welfare Reporters in Scotland
When a Scottish court is asked to make an order about a child under section 11 of the Children (Scotland) Act 1995, it can appoint an independent professional by way of a Child Welfare Reporter (CWR). The CWR can speak to the child and/or the the child’s parents. Other people can also be interviewed in…
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Vulnerable Witnesses Scotland – Children (Scotland) Act 2020
Very often in section 11 (of the Children (Scotland) Act 1995) cases, there are issues of domestic abuse, harassment, or past criminal behaviour. The Children (Scotland) Act 2020 has introduced important protections to make sure that vulnerable people, including children and victims of abuse, are better safeguarded when giving evidence in family court cases. Below,…
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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…
