TC Young are delighted to announce that Nina Derrin, Associate in the firms Edinburgh office, has recently attained accreditation with the Law Society of Scotland as a Family Law Mediator.

Family mediation accreditation from the Law Society of Scotland is only granted once a solicitor has undertaken and completed the required rigorous training and has been assessed by a Panel of mediation experts. This accreditation compliments Nina’s recent appointment to the list of Child Welfare Reporters in the Sheriffdom of Lothian and Borders.

Mediation is

Protective orders are often referred to as restraining orders. The current Civil protective orders are an Interdict and a Non Harassment Order.

Interdict
An Interdict is to prevent another person from doing something illegal towards you. This could be for example verbally abusing you, physically assaulting you or destroying or vandalising your property. A Power of Arrest can be attached to an Interdict. This means that if the person ignores the Interdict and acts illegally towards you then you can telephone the Police and the

The start of a new year is always a busy time for Family Lawyers dealing with divorce matters.  This year 9 January 2023 was even deemed as “Divorce Day”.  If you are thinking about divorce then you should seriously consider speaking to a family lawyer. 

GROUNDS OF DIVORCE

A family solicitor will explain the grounds for divorce and whether you can raise a divorce action.  The grounds of divorce in Scotland are:

1. 1 year separation with the consent of your husband or wife or
2. 2

It is not commonly known that in Scotland a clause can be inserted into a Will appointing a guardian to children who may be under 16 at the time of the parent’s death. 

Here are the important points to note:

• The guardian becomes a substitute for a deceased parent.
• The guardian acquires parental rights and responsibilities that take effect as soon as the parent dies.
• The guardian must be 16 years or older.
• More than one guardian may be appointed.
• The appointment is effective only

An announcement was made on 1 October 2021 that child witnesses in criminal court cases would be able to give evidence in pre-recorded interviews, under a new scheme announced by the Scottish Government.  In criminal cases the intention is that Police Officers and Social Workers will be able at an early stage to interview children involved in criminal trials at the High Court, to reduce distress in court when recounting experiences.

The Justice Secretary commented that the aim is to gather “the child’s best evidence

The Sheriff Court Rules state that at any stage of a family action, the Sheriff may appoint a Child Welfare Reporter to (a) seek the views of the child and report any views expressed by the child to the court; or (b) undertake enquiries and report to the court.

If you are involved in a court action in which a Child Welfare Reporter is appointed, the Reporter will probably want meet with you and your ex-partner, and with the child(ren). Sometimes the Reporter will go

More than three million couples in the UK live together. For any number of reasons, many do not intend to marry. However, this means if they split up, their rights are limited. If you are considering moving in with your partner, or are already living with a partner but are unmarried, here are some essential points to note:-

1. Forget about “common law spouses”

 There is no such thing in Scotland as “common law marriage” and it should not be assumed that cohabitees have the

Pre-nuptial agreements (or more commonly referred to as a ‘pre-nups’) have become more popular over the years.  They are no longer considered to be documents used by only the wealthy or by celebrity couples.  More people now are looking to regulate their financial affairs before entering into marriage.

A pre-nuptial agreement is signed before marriage and enables a couple to decide how they wish their assets to be divided should they later decide to separate or divorce.  Although it may not be considered the most

The Herald reported earlier this month that domestic abuse charges reported by the police to Scottish prosecutors, which include attempted rape and serious assault, have hit a five year high. Lockdown was described by Scotland’s Law Officer, Advocate Depute Dorothy Bain QC as having a “devastating impact” for domestic abuse victims.

When there is a prosecution for an offence of domestic abuse there are often protective bail conditions put in place. It is important to be aware that there are also a number of remedies

The Law in Scotland says that if anyone has to make a decision about a child involved in a separation or divorce, account must be taken of the child’s views, if the child wishes to express them.  

We usually think of this as a child being asked where, or with which parent, they want to live.    That can place a huge burden on a child.    There are lots of other things that children want their parents to know. Here are some of the things that

You can get divorced in Scotland if your marriage has broken down irretrievably and that can be for one of four reasons:-

• Your husband or wife has committed adultery
• Your spouse’s behaviour towards you has been unreasonable
• You have been separated for more than one year and your spouse consents to divorce
• You have been separated for more than two years (no consent from your spouse is required)

Adultery

If your husband or wife has committed adultery you can raise a divorce action immediately. However,

Keeping the bond between a parent and a child intact is often treated as a given. There can however be circumstances in which the State, in the form of the Local Authority, might seek to interfere with that. Where a child could be removed from the family home, the correct legal advice is crucial.

An individual with parental rights for a child has the right to decide where the child lives. The mother has parental rights, and fathers named on the child’s birth certificate from

As we have entered into a further period of at least 3 weeks ‘lockdown’ with the continued restrictions in place requiring everyone to ‘stay at home’, it can be a frightening time for anyone who is suffering domestic abuse.

If you are experiencing physical, emotional, sexual or financial abuse or being intimidated or threatened by a current or previous partner, you are being subjected to domestic abuse.

The Chief Executive of Scottish Women’s Aid, Dr Marsha Scott, when discussing the impact of the current pandemic

With the current Covid 19 situation and imposed ‘lockdown’, we are experiencing uncertain and challenging times. Normal routines have been severely impacted. Children are being home schooled and are missing out on extra circular activities, and visiting friends and family. Maintaining a level of consistency is key, but it can be very daunting to try to keep to prior agreed arrangements for children when other factors come into play.

It is natural for a parent to be concerned how best to safeguard and protect their

With the latest Government guidance sending the message of ‘staying at home’ in a bid to fight the virus, for many the danger is not only what is outside. The Office for National Statistics reported that 1.6 million women and 786,000 men were the victims of domestic abuse in the year ending March 2019. It is anticipated that figure will rise as the COVID-19 situation continues.

Domestic abuse is not always physical. Abuse can be psychological (including threatening and coercive behaviour), emotional, financial or sexual.

Separation often results in one parent being responsible for the majority of the everyday care of the children. A common result of this is that they also end up being responsible for the everyday costs. Child maintenance payments are financial support paid by the parent who does not have day-to-day care of the children. It can be paid to the other parent, the child or a grandparent or other guardian.

Child support payments are usually agreed between the parents or through the Child Maintenance Service

We are often asked, can collaborative law help me? The collaborative law process offers separating couples a non-confrontational way of agreeing the legal and practical arrangements for their separation and divorce. By reaching agreement in a collaborative way, couples are able to come to a respectable arrangement together through supported discussions.

At its simplest, the collaborative process is all about reaching solutions together. Sometimes talking things through can seem the hardest challenge of all. When relationships break down, hurt, bitterness and anger are often the

You might have heard somebody mention mediation before but what is mediation? Mediation is a form of alternative dispute resolution that involves two (or more) parties and a mediator. Mediation provides parties with the opportunity to have an open and honest discussion about a range of family law issues in a neutral environment. Everything that is said during a mediation session is confidential and the parties have control over any decisions that are made during the meeting.

What sort of issues can be dealt with

Often clients tell us that they want to get divorced quickly so that they can move on with their lives. For some divorcing couples, they will be able to use the simplified divorce procedure. But what is this? The simplified divorce procedure involves completing the necessary form and satisfying the sheriff court that you and your spouse meet the criteria for a simplified divorce.

The criteria for a simplified divorce is as follows: 

• You are applying for divorce because of the irretrievable breakdown of your

We are often asked the question - how do I get divorced in Scotland?

In order to obtain a divorce you must raise an action in a Court which has jurisdiction. Jurisdiction normally means that you raise the action in the Court nearest to you. Before contemplating where to raise an action you must determine whether you can raise a divorce action or not. In order to raise a divorce action, you must have the legal ground to do so. In Scotland there is one