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Blog

Child Contact and allegations of Domestic Abuse

A new research study has been published by the Scottish Civil Justice Hub entitled ‘Domestic Abuse and Child Contact: The Interface between Criminal and Civil Proceedings’. Funded by the Scottish Government, the project looked at the operation of Scots family law in cases of child contact that involved allegations of domestic abuse.

To understand the ways in which domestic abuse proceedings inform the handling of child contact cases, the researchers carried out a series of semi-structured interviews with legal practitioners.

The results of the report are summarised in eight essential themes, relating to the relationship between domestic abuse and coercive control, and twelve recommendations, informed by practitioners engaged in family law proceedings.

What is a Children’s Hearing?

A child who is considered to be in need of care and protection may be referred to the Children’s Reporter by the local Social Work Department. This could be for a variety of reasons ranging from non-attendance at school to a child committing a criminal offence. There needs to be serious reasons for the referral to be made.

The Children’s Reporter will then arrange a meeting, called a Children’s Hearing or Children’s Panel. The relevant people will receive a document from the Children’s Reporter setting out the reasons for the panel being held. This document is called the Statement of Grounds. You should think about taking legal advice at this stage because it is important that you fully understand the document before attending at the hearing. It is very likely that you will disagree with the Grounds.

New Year – New Will?

As we move into February it isn’t too late to tick off some of those new year resolutions.

Some people do not leave a will if they consider that they have few assets or money. However, it is very important to make a will for a variety of reasons. When a person dies without leaving a will, their estate is classed as “intestate.” In this case, the process of distributing the estate can be expensive and can take a long time.

Many people automatically assume that when a spouse or civil partner dies without a will, their estate will be transferred to the surviving partner. If a person dies without leaving a will in Scotland, then how the estate is distributed is dictated by the law.

Legal Internship

An exciting opportunity has arisen within the firm for an internship. The successful candidate will gain an in depth experience within a busy high street litigation practice.

The role is most likely to suit a student presently undertaking the Diploma in Legal Practice, seeking an understanding of case management software, legal research, the preparation of complex cases and general administration in the office.

Child Welfare Hearings

Brian Cooney

When someone raises a Court Action and there is an issue concerning a child, the court will fix a hearing called a ‘Child Welfare Hearing’. If this action is defended a hearing will be fixed in the Sheriff Court. Once a date is fixed the Sheriff Clerk will write to you or the solicitor representing you with the date and time of the scheduled hearing.

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