When Children Are Involved – W&AS Bruce LLP
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When Children Are Involved

Child Contact and Residence Orders do as they say and look to formally layout decisions made regarding children in the event of a separation or divorce.

Child Contact and Residence Orders

The order can decide:

  • Where the child or children will live
  • When and where they will spend their time with each parent
  • When and what other means of contact are allowed to take place i.e phone calls, Skype/Facetime calls etc.

If there is a dispute over which parent the child/children in question should live with for example, then the courts would decide based on welfare factors and which parent was deemed to be the ‘main’ carer before the separation or divorce occurred.

Specific Issue Orders

Much as the name suggests, these are orders that look at specific areas/issues/choices regarding numerous parental responsibilities in connection with how a child is brought up if the parents are unable to come to an agreement.

The order can cover:

  • Education including what school they should attend and whether or not they should have a religious education
  • Allowing one parent to remove a child/children from the UK for a holiday when the other parent disagrees
  • Name changes and if your child’s surname should change
  • Medical treatment.

Children’s Panel Hearings

Sometimes a parent or parents will find themselves unable to care adequately for their child/children. In such circumstances, they can find themselves involved with the Social Work Department, and in turn, this may result in them having to attend the Children’s Hearing.

‘The Children’s Hearings System is Scotland’s unique care and justice system for children and young people. It aims to ensure the safety and wellbeing of vulnerable children and young people through a decision-making lay tribunal called the Children’s Panel.’
(chscotland.gov.uk/the-childrens-hearings-system).

Our highly experienced and proactive Family Law team will support and advise you in relation to the procedures involved in a Children’s Hearing. We can help put forward your position, clearly articulating your circumstances to ensure you are adequately and fairly represented.

Getting the right representation in a position such as this can occasionally mean the difference between children being removed from the care of their parents, or not.

Children Referral Proceedings

Children’s Referral Proceedings are linked to The Children’s Hearing System (Panel Hearings). When a Child Protection Order is being sought by the Children’s Reporter, grounds for referral covering the basis upon which the Protection Order is required, are laid before The Panel.

If a parent or parents disagree with those grounds then The Panel will refer the case to the Sheriff Court to make a decision. In those circumstances, a court hearing referred to as a ‘Children’s Referral’ will be fixed.

As soon as anyone receives a notification that their child or children will be the subject of a Panel Hearing they should obtain legal representation immediately.

Our very experienced and compassionate Family Law team will guide you through the process involved in a Panel Hearing from beginning to end. We aim to represent you to the best of our ability, clearly articulating your circumstances to ensure you are adequately and fairly represented.

Free no-obligation meeting

For a sensitive yet realistic approach to your requirements, get in touch with our expert Family Law solicitors. We offer a free no-obligation initial meeting which we can use to go over your individual circumstances and goals in order to advise you on the best way forward.

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