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Why Your Minute of Agreement Refers to the Child Support Acts
Where you and your ex have children and you sign a Minute of Agreement following separation or divorce, you might notice that the section about child maintenance includes a phrase such as: “This clause is subject to the terms of the Child Support Act 1991, the Child Support Act 1995, the Child Support, Pensions and…
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Matrimonial Interdicts (Scotland) – Spouses Not Yet Separated
Section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals with a very specific and often misunderstood issue; when one spouse seeks legal protection from the other while they are still living together in the matrimonial home. Many people assume that an interdict (a Scottish court order preventing certain behaviour) can only be…
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Home Exclusion Orders Scotland (Married Couples)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 gives spouses and cohabitants rights to occupy the family home. Section 4 of the Act deals with exclusion orders – powerful court orders that can suspend one spouse’s or partner’s right to reside in the matrimonial home. Exclusion orders are most often used in cases involving domestic…
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Regulation of Occupancy Rights (Scotland)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (“Act”) was designed to protect the rights of spouses and families in relation to the matrimonial home. Section 3 of the Act sets out the circumstances in which the Scottish courts can regulate occupancy rights when disputes arise between spouses. This section is particularly important where one…
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Setting Aside Transactions (Age of Legal Capacity (Scotland) Act 1991)
Section 3 Age of Legal Capacity (Scotland) Act 1991 allows for prejudicial transactions to be set aside. What is a “prejudicial transaction” in Scotland? Who can apply, when, and what orders can the court make under Section 3 of the Age of Legal Capacity (Scotland) Act 1991? Where Section 3 fits in Section 3 provides…
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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…
