-
Vulnerable Parties Scotland – Children (Scotland) Act 2020
When parents attend court in relation to child contact or child residence it will usually be under section 11 of the Children (Scotland) Act 1995. Attending court can be stressful, distressing or even intimidating. The Children (Scotland) Act 2020 has introduced new protections to make the process fairer for vulnerable people involved in family disputes.…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
