The legal profession has been resilient and innovative in the face of unprecedented challenges over the past two years.
To ensure that you can continue to provide your clients with the solutions they require, our new Scots Law series, Practical Advice Beyond Disruption, looks at the crucial next phase in eight key practice areas.
The online Family Conference will take a comprehensive look at the latest developments in family law. The effectiveness of remote court hearings, relocation and abduction, the latest position in relation to cohabitation and surrogacy reform, source of funds arguments, post-Brexit jurisdictional issues and immigration will all be covered by a panel of expert speakers drawn from the Bench, private practice and the Bar.
Chaired by the Scottish Law Commissioner Kate Dowdalls QC, questions to be considered will include:
what works and what doesn’t in relation to the conduct and presentation of remote family actions?
is relocation ever possible?
what are the significant issues arising in the reform of the law of cohabitation?
what do family law practitioners need to know about immigration?
how can you simplify the legal quagmire of source of funds arguments?
what is the current position in respect of the rules which determine when the Scottish courts have jurisdiction to hear cross-border family cases?
what are the issues that arise in practice for those who wish to build their family through surrogacy?
What's being covered?
Virtual and “blended” family litigation: a view from the Bench
Sheriff Speir will provide a review of the stage reached in the conduct of family actions remotely along with some suggestions on what works and what doesn’t in relation to conduct and presentation of such litigation.
Sheriff John Speir
Child relocation and abduction
"History will judge us by the difference we make in the everyday lives of children" – Nelson Mandela. In this session there will be a discussion of recent developments and case law relating to child abduction. Abduction and the interface with the rights of asylum seeking children will also be considered. In the era of shared care and "presumptions" about equality in parenting we will also explore if relocation is ever possible. The post Brexit landscape regarding both relocation and abduction will also be covered.
Lisa Girdwood, Brodies
Cohabitation law reform: update
The Scottish Law Commission cohabitation law reform project is at an advanced stage. The Report and draft Bill are likely to be published during 2022. This update explains the process of law reform, the significant issues that have arisen during the project and what happens next.
Kate Dowdalls QC, Scottish Law Commission
Immigration for family law practitioners
Jamie will speak about the most common areas of interaction between immigration law with family law. He will cover areas such as overseas marriages, access to children in the context of immigration applications, the role of visas in a relationship breakdown and the impact of domestic violence on visa applications. He will also touch on international surrogacy and international adoptions and the British nationality implications of both.
Jamie Kerr, Burness Paull
Back to Basics – a look at economic advantage/disadvantage and source of funds arguments in financial provision on divorce cases
it is easy to get caught up in the various competing arguments that are often the focus of disputes in financial provision on divorce cases. In this session, Amy will take delegates back to basics in an attempt to simplify the legal quagmire of section 9(1)(b) claims and source of funds arguments. After looking briefly at the scheme of the 1985 Act (sections 8-11), she will work through several case studies and consider some important recent decisions.
Amy Donachie, Westwater Advocates
Post-Brexit jurisdiction issues in family law
As a result of the UK’s withdrawal from the EU and the transition period coming to an end on 31 December 2020, there have been significant changes in the law which applies to cross-border family cases. Delegates will learn about the current position in respect of the rules which determine when the Scottish courts have jurisdiction to hear cross-border family cases, and the issues arising will be discussed.
Dr Kirsty J Hood QC
Surrogacy: practice and reform
This paper will explore some of the problems which arise in practice for those seeking to build their family through surrogacy, and the focus of the current Surrogacy Law Reform project being jointly undertaken by the Scottish Law Commission and the Law Commission in England and Wales. This will be of interest to those who advise clients on current surrogacy law, both domestically and as a result of overseas surrogacy, and more generally to those engaged in advising on all forms of assisted conception.