The Family Conference at Scots Law 2022

Our new Family Conference, chaired by SKO’s Alison Edmondson, will consider a range of current key issues in the practice of family law.  

Delivered wholly online, topics to be considered will include: enforcement of domestic and international orders; the voice of the child; practical proof preparation; social media and relationship breakdown; immigration and family law: jurisdiction; BME women's experiences of gender-based violence; and the remit and procedures of the child abuse inquiry.

Questions to be considered will include:

• what are the possibilities for recognition and enforcement of domestic and international orders in Scotland?
• what do family law practitioners need to be aware of in terms of social media and technology and what advice could they be considering for their clients?
• what is the trauma informed approach being taken in the Child Abuse Inquiry?
• what are the immigration rules on bringing an adopted child into the UK?
• how are the changes to jurisdiction brought about as a result of Brexit operating in professional practice?
  
• what are BME women’s experiences of gender-based violence?
  
• what are some of the essential considerations to ensure you are fully prepared for hybrid proofs?
• what are the changes brought about by the Children (Scotland) Act 2020 in relation to the views of the child and what has been the impact of recent caselaw?

What’s being covered?

Recognition and enforcement of domestic and international orders in Scotland

The talk will address the possibilities for recognition and enforcement of domestic and international orders in Scotland. It will consider the different applicable regimes in the context of the UK, the relevant Hague conventions, and under the common law. Focus will be placed on identifying circumstances that may not be familiar to most practitioners.

Lindsey Ogilvie, Turcan Connell

Impacts of technology and social media on the breakdown of a relationship

The talk will focus on several areas of family law to discuss the impacts of technology and social media. Social media has become an integral part of the majority of our client’s lives. It can affect how separating couples communicate with one another, the value of their matrimonial property and what evidence they may be able to produce in a family law context. I will be discussing what family law practitioners can be aware of in terms of social media and technology and what advice they could be considering for their clients.

Roisin Kerr, BTO

Jurisdiction in family law post-Brexit

A consideration of the changes to jurisdiction brought about as a result of Brexit, and how those are operating in professional practice.

Sally Nash, Gilson Gray

BME women’s experiences of gender-based violence

Shakti Women’s Aid is a voluntary organisation, based in Edinburgh, offering support and information to all BME women and their children experiencing and/or fleeing from domestic abuse from their partners, husbands, ex-partners and/or other family members. The organisation provides practical and emotional support, enabling women to access statutory services, helping them to resettle and empowering them to be independent. More recently, Shakti Women’s Aid has been awarded the funds to operate the Home Office Support for Migrant Victims Scheme in order to deliver a one-year pilot project assisting abused migrant women and children with No Recourse to Public Funds. The organisation is also the first BME specialist women’s aid service in Scotland to support domestic abuse survivors from the BME LGBT+ community.

Tumay Forster, Shakti Women’s Aid

The Scottish Child Abuse Inquiry - remit and procedures

This talk will focus on the Scottish Child Abuse Inquiry including looking at the Inquiry’s remit and some of its procedures and processes. Some of the published findings of the Inquiry to date will be discussed and aspects of taking a trauma informed approach will be considered.

Ceit-Anna MacLeod, Arnot Manderson

When immigration and family law collide

This presentation will cover the immigration rules on bringing an adopted child into the UK, common immigration and citizenship issues faced by people entering into surrogacy agreements abroad, and the interaction between refugee law and child residence orders. A general awareness of these common immigration issues is vital for anyone involved in cross-border cases.

Iain Halliday, Themis Advocates

Practical proof preparation

For better or worse, remote hearings are here to stay and the Scottish courts are moving towards a hybrid approach in substantive hearings. The profession has generally adapted well to this change and Seonaid will look at the advantages and disadvantages of the current position. Hybrid proofs present different challenges in terms of witness management, advocacy style and technology considerations to name a few. Seonaid will cover some practical tips and essential considerations to make sure you are fully prepared for hybrid proofs. Seonaid will also cover the systems used by the courts for transmitting electronic documents and some best practice guidance for documents to help keep your judge and counsel on side.

Seonaid Cochrane, SKO

An analysis of the ever changing voice of the child in Scottish Family Law proceedings

The importance of children’s views within the sphere of private, family law is ever increasing - particularly, in light of the changes brought about by the Children (Scotland) Act 2020 and the reconsideration of the Scottish Bill incorporating the UNCRC into domestic law.  This presentation will provide an overview of the law and its’ recent/upcoming changes, as well as an analysis of the latest case law.  Courts will expect all practitioners in this area to act in accordance with current provisions, and as such, this presentation will be of significant interest to all  those practicing family law.

Brittany Thomas, Harper MacLeod