In court actions considering children, the obvious person whose thoughts matter is the child. The Children (Scotland) Act 1995 states that a child of 12 years old or more is presumed to have sufficient age and maturity to give a view on the proceedings.
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Latest articles from Jenni Gear
When a couple separates one of the issues which can cause the most animosity is what is to happen with the children. Where are they going to live and how much time are they going to spend with each parent?
A recent interesting decision from the Court of Session dealt with the big issues involved in relocation cases - where one parent wants to move away with a child - and made clear that there is one factor which overrides others in such cases - the parent's relationship with the child and the impact on that should the relocation be allowed.
Jenni Gear, a Family Law solicitor based in Harper Macleod's Lerwick office, and private client Partner Julie Doncaster consider what relatives can do when someone loses capacity to make their own decisions. They look at Powers of Attorney and Guardianship Orders.
Jenni Gear, a Family Law solicitor based in Harper Macleod's Lerwick office, looks at the process for separated parents agreeing child contact arrangements over the festive period.