Our new conference will take a comprehensive look at the latest developments in family law - ranging from the impact of the pandemic on court procedure and Brexit on jurisdiction, to key issues concerning financial provision, relocation, surrogacy and the rights of siblings.
Questions to be considered will include:
What are the practical implications of remote court hearings?
How have the courts dealt with relocation both abroad and within the UK and what practical advice needs to be given to a client who seeks a relocation order?
From international divorce cases to quantifying special circumstances claims - what are the financial provision issues to look out for?
What are the key considerations when enforcing or seek to reduce a Minute of Agreement?
What are the new rights of siblings and how are they likely to work in Children’s Hearings in practice?
Which of the 'old rules' now apply post-Brexit to issues of jurisdiction?
What are the current themes relating to surrogacy and what reforms are on the way?
Join us and our panel of experts to discuss these important questions and consider the impact on your advice and your practice.
What's being covered?
The challenges of seeking a Relocation Order
Firstly, we will consider the starting point – The Children (Scotland) Act 1995. We will then go on to analyse the case law and look at how the courts have dealt with relocation both abroad and intra UK. This will involve looking at the competing factors to be taken into account and the weight accorded to them. We will also consider the issue of temporary relocation. Finally, we will look at the practical advice that needs to be given to a client who seeks a relocation order.
Morven Douglas, BTO Solicitors
Surrogacy – current themes and what to look out for
Surrogacy and the law surrounding it is on the cusp of reform. This talk will look at legal parentage, parental orders and the requirements of Human Fertilisation and Embryology Act 2008; current themes and case law; and what the future may hold.
Caroline Millar, SKO Family Law
What about financial provision - practical tips and pitfalls to look out for
From international divorce cases to quantifying special circumstances claims, what are some of the financial provision issues to be aware of?
Marika Franceschi, MacRoberts
Virtual court hearings - a practical guide
Lindsey Ogilvie, Turcan Connell
Historic and Modern Scotland: A Look at the Jurisdictional Landscape Pre and Post Brexit
Habitual residence and Domicile
Jurisdiction for Divorce
Jurisdiction for Maintenance Claims
Jurisdiction for actions concerning PRRs
Amy Donachie, Westwater Advocates
Enforcement and reduction of written agreements
Agreement can be challenging to reach in a family law context, but matters can become even more difficult should a party later seek to enforce or reduce a written agreement. This talk will explore a variety of cases on the topic with a view to identifying some important considerations parties and practitioners should be aware of before the dotted line is signed.
Sarah Trainer, Arnot Manderson
Sibling rights - the new law
On 26 July 2021, the Children (Scotland) Act 2020 brought into force changes in the law giving new rights to siblings in Scotland. These changes to the law were also accompanied by changes to the rules for siblings wishing to participate in each other’s Children’s Hearings. In this session, we will give a broad overview of the changes and consider in more detail how the new rules on sibling participation in Children’s Hearings are likely to work in practice. The changes in the law are wide-ranging, and the session will be of particular use to those advising or representing children in or on the edges of care, or their family members.