Disputes involving children are often the most difficult emotionally for clients. Children are often caught up in their parent's disputes on separation. However, they also have their own rights.
Children's views must be taken into account in any matter of importance affecting them. In Scotland a child of the age of 12 is presumed to be old enough and mature enough to give his or her views although children of a younger age do also have a say.
Children can now instruct their own Solicitor. Lorna Buchan is an accredited specialist in Child Law and is regularly instructed by parents and children alike.
We can provide you with advice on your responsibilities and rights in respect of your children such as paying child maintenance, maintaining contact and ensuring you continue to play an active role in their upbringing.
There are often a range of options and we can advise you on how best to proceed perhaps using the Collaborative Family Law process, Mediation, more traditional negotiation or, if necessary, Court. No two cases are the same and child care issues are often complex. If other options fail then Court proceedings may require to be raised as a last resort.
Useful websites include:
Scottish Child Law website - www.sclc.org.uk
Child Line - www.childline.org.uk
Child Support Agency web site - www.csa.gov.uk.
Parenting across Scotland - www.parentingacrossscotland.org
Family Law Association website www.familylawassociation.org.
Christina McGhee who is a divorce coach and parent educator has produced an excellent booklet in conjunction with Resolution called "Separation and Divorce - Helping Parents to Help Children". This is targeted at parents going through separation and gives practical and comprehensive advice to parents.
The booklet can be viewed and downloaded from the Resolution website - www.resolution.org.uk.
It is an English publication and accordingly, the legal advice contained within the documentation is specific to England and not Scotland. Apart from Appendices I to IV, the booklet is applicable equally to England and Scotland. Christina McGhee also produces a regular newsletter which can be e-mailed direct to interested parties. The newsletter is free of charge and provides extremely helpful practical tips to parents.
Website - www.divorceandchildren.com