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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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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…
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Safeguarding a Child’s Property in Scotland
The Children’s (Scotland) Act 1995 (“Act”) doesn’t only deal with who looks after children and makes decisions about their welfare. It also covers what happens when a child owns, or is due to inherit property or money. Section 9 of the Act is designed to ensure that a child’s property is properly safeguarded and not…
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Revocation and Termination of Guardian Appointments in Scotland
When parents appoint a guardian for their child under section 7 of the Children’s (Scotland) Act 1995 (“Act”), where circumstances change, parents or guardians may wish to revoke or alter such an appointment. Section 8 of the Act clarifies and reinforces Section 7 of the Act specifying the rules for revoking or terminating a guardianship…
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Guardianship of Children in Scotland
Scottish law allows parents and guardians to formally appoint someone to take over that role. Section 7 of the Children’s (Scotland) Act 1995 sets out how parents and existing guardians can appoint a guardian for a child, and what rights and responsibilities that guardian will have. This article looks at how guardianship appointments work and…
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Children’s Right to Be Heard in Scotland
Scottish law recognises that children are individuals with their own views, and those views deserve to be heard when important decisions are made about their lives. Section 6 of the Children’s (Scotland) Act 1995 sets out the duty of parents and carers to take account of a child’s wishes when exercising their parental responsibilities and…
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Duties towards a child where there are no Parental Rights
Parents normally hold parental rights and responsibilities (PRRs) under the Children’s (Scotland) Act 1995 (“1995 Act”). But situations can arise where another adult, such as a grandparent, step-parent, or family friend looks after a child without having PRRs. Section 5 of the 1995 Act sets out the duties and limited powers of such adults. It…
