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Grandparents rights to see grandchildren

Grandparents rights to see grandchildren

What are grandparents rights to see their grandchildren following the breakdown of a relationship. While most parents have parental rights and responsibilities which allows them to seek a court order for contact with their children, what options are available to other family members who feel excluded from a child's life.

Applying for parental rights and responsibilities

Almost anyone can apply for parental rights and responsibilities provided they have an interest in the child's life. In practice they will have to show it will be in

Cohabitation Rights in Scotland - Decision of Gow v Grant

Cohabitation Rights in Scotland - Decision of Gow v Grant

The law of Scotland on cohabitation rights provides that when an unmarried couple who live together separate, then one or either of the former partners may make a financial claim on the other.  There remain differences between this regime and the applicable system when spouses divorce and they should not be viewed as one and the same. This is in stark contrast to the law of England where only married couples may seek financial provision from a spouse. The law when it first came into

Cohabitation Rights Post Separation

Cohabitation Rights Post Separation

Cohabitation law including cohabitation rights, came into force in 2006 through the Family Law (Scotland) Act 2006 (the Act). The Act contains provisions for dealing with financial issues when an unmarried couple separate. Cohabitation is a less formal relationship than marriage and the legal rights available to each person when they separate are not nearly as extensive as if they divorced.

There are a number of common myths amongst cohabiting couples:

  • We are common law husband and wife
  • Cohabitation rights are the same as married

Why are Children's Services involved with my child?

Why are Children's Services involved with my child?

Children's Services are provided by the Social Work Department in each Local Authority (Council) - you may want to know why children's services are involved with your child. Children's Services deal with concerns about a child's welfare and provide assistance and protection for children in need.

A child in need is one:

  • who is unlikely to achieve or maintain a reasonable standard of health or;
  • whose health or development is likely to be impaired significantly unless such services are provided; or
  • who is disabled; or

Separation Agreement in Scotland: For Richer, For Poorer

A separation agreement in Scotland is often a useful document as during separation most couples want to initiate some discussion in relation to the division of the marital assets, or have put in writing what has already been agreed between them.? Either way, your solicitor is likely to recommend entering into a Separation Agreement.? So, what is a Separation Agreement in Scotland and what needs to be agreed before one is entered into?

What is a Separation Agreement?

Sometimes referred to as a ?Minute of

Child Contact Orders: What is contempt of court?

Child Contact Orders: What is contempt of court?

Child Contact Orders - What happens if contact doesn't take place?

When a court order is in place stating the times a child has contact with a parent each week, and the parent with whom the child lives wilfully refuses to obey the order, then the other parent is entitled to ask the court to make a finding of contempt. Disagreement with a sheriff's decision does not entitle a parent to withhold contact.

The situation is less clear cut when the reason given is that

How to Legally Change Your Name in Scotland

How to Legally Change Your Name in Scotland

The law in Scotland allows anyone to change his or her forename or surname legally at any time providing this is not to defraud. We are often asked how to legally change your name in Scotland.

Marriage, Divorce and Civil Partnership
Following marriage or a civil partnership you can use your birth name or your spouse's or partner's. A marriage or civil partnership certificate is sufficient proof to instigate this change.

If you divorce or dissolve a civil partnership an extract decree of divorce or

Divorce or Separation, What's Best?

Divorce or Separation, What's Best?

When a relationship breaks down, there are lots of questions at what is a very emotional and anxious time. If you are going through a divorce or separation, what is the best way to deal with this. Is it mediation, or Court?

It is always wise to speak to a solicitor at an early stage who should explain:

  • that every situation is different and what works for one person will not necessarily work for another
  • outstanding issues can be resolved without acrimonious exchange of lawyers?

Child Custody Scotland - Listen to the Children

Child Custody Scotland - Listen to the Children

Child Custody Scotland - I am often asked by parents what age their child has to be to express a view in a child custody dispute between parents. Although many people still talk of custody and access, these terms are no longer legally correct and are now called residence and contact. In terms of the Children (Scotland) Act 1995 there is an assumption that a child aged 12 or over is able to give an opinion, and to instruct their own solicitor. That is only

Parental rights and responsibilities

So just what are your parental rights and responsibilities? Parents have the responsibility to look after their children:

- to help them to be healthy

- encourage their growth, development and welfare

- to ensure attendance at school and an opportunity to develop to their full potential ?

Parents have the responsibility and the right to say how their children should be brought up. This includes being in charge and saying what they can and cannot do until they are 16, providing advice and guidance