Disputes involving the welfare of children whether in relation to who the children live with, whether the children should have contact with the non-resident parent, one parent wishing to move to another country with the children, ensuring a court order is complied with, or the wrongful removal of the children from a country are all notoriously sensitive and difficult to resolve.
Lawyers faced with such problems and dilemmas need to provide their clients with solutions. The book is a practical aid designed to assist lawyers in their working lives provide solutions to their clients. The book covers the various childcare disputes. In each case, it sets out the law, how the courts implement the law and how to enforce the law or ensure compliance with a court order.
As the book is a practical aid, then it was important to cover the significant changes introduced to the Sheriff Court Rules for Family Actions in September 2023 and what the law will be once the provisions of the Children (Scotland) Act 2020 come into force. The Act will introduce significant changes as to how childcare disputes are dealt with by the courts, including the presumption that a child of any age will be capable of forming a view.
