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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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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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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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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…
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Parental Rights for second female Parent in Scotland
The Children’s (Scotland) Act 1995 and the Human Fertilisation and Embryology Act 2008 (“2008 Act”) work together to define how and when a second female parent acquires parental rights and responsibilities (PRRs). Section 4A of the 1995 Act deals with second female parents. This section allows a child’s mother and her female partner to enter…
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Key Sections of the Family Law (Scotland) Act 1985 – Explained
Introduction:The Family Law (Scotland) Act 1985 is the cornerstone of Scottish divorce law, especially when it comes to financial matters. As family law solicitors, we often guide clients through this Act’s key provisions. Essentially, the 1985 Act lays out how spouses should support each other and how assets and money are divided fairly if they…
