Family law

Outer House judge rules children of dual citizens acquired habitual residence in Scotland despite contract agreeing they would not

A judge in the Outer House of the Court of Session has ruled that two children of UK citizens who emigrated to New Zealand acquired habitual residence in Scotland following the couple’s divorce.

Published 2 September 2021

Rachael Kelsey: Lugano – no breakthrough in sight

A piece in the FT yesterday on the Lugano Convention was one of the first that has looked at the family law consequences of the UK no longer being a party to the Convention (which provides agreed jurisdictional rules in cross border cases for civil and commercial matters, and provides for recognition and enforcement of the resulting judgments).

Published 25 August 2021

Sarah Gilzean: Male employee’s shared parental leave not comparable to female adoption leave

Sarah Gilzean explains a recent case in which a male employee on shared parental leave could not compare his treatment with a female on adoption leave.

Published 4 May 2021

New laws to make family court process more child friendly

New laws to make family court proceedings in Scotland more child-friendly have been passed by the Scottish Parliament.

Published 26 August 2020

Brodies named top family law firm

Brodies LLP has been named one of the top family law firms for 2020 by eprivateclient.

Published 21 August 2020

Lord Carloway affirms parties in family actions have right to participate in phone hearings

The Lord President, Lord Carloway, has made it clear that parties in family actions should be able to participate in telephone hearings if they wish following reports that in some instances such hearings have only involved agents and sheriffs.

Published 29 July 2020

Lawyer of the Month: Rachael Kelsey

When the Supreme Court gave its decision in long-running matrimonial dispute Villiers v Villiers this month it handed a significant victory to Edinburgh law firm SKO Family Law.

Published 10 July 2020

Child welfare reporters regulated under proposed laws

Legislation to ensure that the rights of children are at the heart of any family law case, and that their views are heard, has passed its first hurdle at Holyrood.

Published 28 May 2020

England: Concerns raised over fairness of remote hearings introduced during lockdown

Concerns have been raised over the fairness of remote hearings in family cases, introduced during the lockdown, because of the difficulty for participants in reading each other's reactions.

Published 7 May 2020

Justice Committee gives qualified backing to child law proposals

Holyrood's Justice Committee is backing Scottish government plans to change the law on deciding parent-child contact in family breakdown cases, but is warning that it may make little practical difference to the lives of children unless it is properly resourced.

Published 1 May 2020

COVID-19: Guidance on compliance with court orders relating to parental responsibilities and rights

The Lord President, Lord Carloway has published short statement intended to offer general advice to parents and carers whose children are the subject of orders made by a court relating to parental responsibilities and rights, for example in relation to contact or residence.

Published 30 March 2020

England: Family hearings at Court of Appeal to be live-streamed

Family hearings at the Court of Appeal will be live-streamed under a joint initiative by the judiciary and UK government to boost transparency in the justice system.

Published 16 March 2020

England: Top family judge appeals for charity donations to improve courts’ efficiency

The most senior family judge in England and Wales has appealed to law firms to make donations to a legal charity to help tackle delays in the family courts.

Published 10 February 2020

Twenty years of family law in the Scottish Parliament

As part of the programme to mark 20 years since the creation of the Scottish Parliament, the Scottish Parliament Information Centre (SPICe) has been publishing twenty “20 year” blog posts on SPICe Spotlight over the course of 2019. This blog, by Sarah Harvie-Clark, senior researcher (civil law) at SPICe, examines two decades of family law in the Scottish Parliament.

Published 24 December 2019

Report critically analyses Children (Scotland) Bill 2019

A new report produced for the Scottish Parliament's Justice Committee critically analyses the Children (Scotland) Bill 2019.

Published 19 November 2019