Family Law

A family law expert at Lindsays is among the first in Scotland to qualify in child inclusive mediation. Children in Scotland whose parents are separating are being given greater voice in legal discussions over their future.

It is rare that family cases are heard by the Inner House, but in August 2023, Lord Tyre, Lord Pentland and Lady Wise heard the appeal in the case of Foster v Foster, writes Kate Bradbury. On Friday 29 September 2023, the Inner House issued its decision, providing clarity on two points:

Canadian Professor of Social Work, Edward Kruk, will talk in Edinburgh next week on how family courts get in the way of resolving disagreement between parents after separation.

Sheriffs across Scotland make decisions every day in contact/residence cases that will affect the lives of children not just for this month or this year but will influence their relationships for the rest of their life. Their decisions are made ‘in the best interests of the child’. But h

A Kirkwall sheriff has varied a contact order to allow an eight-year old boy to have more contact with his father after his mother unilaterally reduced the father’s residential contact arrangements to reduce the number of weekends he spent with his father.  Pursuer DM, who sought contact

Sophie Pike’s instructive blog about childcare and how the costs might be shared between separated parents sets out possible legal routes to resolve disagreement. We agree with her conclusion that it is far better for parents (and their children) to reach agreement and to steer clear of the c

Children cannot be compelled to visit their grandparents if they do not want to following a ruling of Italy's Supreme Court. A lengthy legal battle has culminated in a judgment from the court stating that grandchildren were not obliged to have a relationship “they do not enjoy, and do not want

The Scottish Law Commission has published its report and draft bill on financial provision for cohabitants on cessation of cohabitation otherwise than on death. It recommends reform of sections 25 to 28 of the Family Law (Scotland) Act 2006. Section 29 of the Act, dealing with claims by surviving co

A new report makes 43 "ambitious but realistic" recommendations related to child arrangements problems and their resolution in England and Wales JUSTICE has today published Improving Access to Justice for Separating Families. The report has been prepared by a working party of experts, chaired by Pro

Shared Parenting Scotland (SPS) has called on the Scottish Law Commission to address the complexity of Scottish family law relating to parents, children and guardians in part one of the Children (Scotland) Act 1995. The Scottish Law Commission is seeking suggestions on issues that it should inc

Shared Parenting Scotland has endorsed the view of an English judge that court is not the forum for solving "relationship disputes". Sir Andrew McFarlane, President of the Family Division, issued a blunt reminder to parents that courts are not the best place to resolve such problems, which are at th

Italian children will no longer be compelled by law to take their fathers' surnames following a ruling of the country's Constitutional Court this week. The decision states that parents should be permitted to give their children either or both parents' surnames. In Italy, women keep their maiden name

Shared Parenting Scotland is seeking expressions of interest from relevant professionals to become coaches when it introduces the New Ways For Families approach to resolving protracted hostility between parents after divorce or separation. All coaches have a background in family law, mediation, fami

An American professor has discussed how parenting arrangements after separation affect the emotional security of the children. William Fabricius, professor of psychology at Arizona State University, spoke to Shared Parenting Scotland in November last year. He explained the science behind the state o

On the very day that the European Commission Stakeholder meeting on the Recognition of Parenthood took place, the CJEU determined the ‘baby Sarah’, Stolichna obshtina, rayon ‘Pancharevo’ case. The full judgment is not available yet, but the press release can be found here. Ba