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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”…
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How Is Child Maintenance Calculated in Scotland?
In Scotland, most child maintenance is arranged through the Child Maintenance Service (CMS). At XK Solicitors, we regularly advise parents on how this works in practice. The CMS Formula CMS uses a set formula to calculate maintenance. It is based almost entirely on the gross weekly income of the paying parent (before tax, but after…
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Can Child Maintenance or Aliment Be Backdated in Scotland?
When parents separate, one of the first concerns is how children will be financially supported. At XK Solicitors we are often asked is can Child Maintenance Services (“CMS”) backdate CMS payments to the date of separation, in Scotland? The short answer is no – but there are important details you should understand. Child Maintenance through…
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Section 11 Children (Scotland) Act 1995 – Explained
When parents cannot agree on arrangements for a child’s upbringing, the next step is often sheriff intervention by way of raising a court action. Section 11 of the Children (Scotland) Act 1995 (“Act”) is the key provision that allows a court to make orders about children in family disputes. These are often called “section 11…
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Obligations and Rights When Administering a Child’s Property in Scotland
The Children’s (Scotland) Act 1995 (“Act”) contains important rules about how children’s property must be managed when it is administered by someone on the child’s behalf. Section 10 sets out the obligations and rights of a person dealing with a child’s finances, inheritance, assets etc. This section is particularly relevant to parents, guardians, trustees, or…
