SEPARATION AND DIVORCE
Following the break-up of any family unit, there will, inevitably, arise issues which require to be resolved. The taking of early advice in relation to these issues is essential. We have extensive experience of dealing with all of the issues which can arise, such as the financial consequences of separation and divorce, and child welfare related issues (including the most commonly encountered issues of residence and contact).
RESIDENCE AND CONTACT
When couples with children separate, the most pressing child welfare related issues which generally arise are with whom the child or children of the relationship should live, and whether and under what circumstances the child or children should have contact with the parent with whom they do not live. These issues are now known as ‘residence’ and ‘contact’. Early independent advice should always be sought with a view to minimising, as far as possible, the effects of a separation upon the children of the relationship. We have many years of experience in advising separating spouses or partners in situations such as these.
PARENTAGE
The issue of a child’s parentage is fundamental to a child’s identity. In cases where parentage is in doubt or is disputed, there is a pressing need for early resolution in the interests of all concerned. We are able to assist in instructing the appropriate DNA testing process and progressing the issue appropriately thereafter. Public funding under the Legal Advice and Assistance Scheme may be available, depending on the particular circumstances of the case and your own financial circumstances.
ADOPTION AND PERMANENCE
In certain circumstances, the legal processes by which the welfare of children is safeguarded are applications for adoption orders and permanence orders. Access to legal representation is essential at the earliest possible stage once a decision is made by a Local Authority to pursue or support an application for any such order. If you are affected by an application of this type, or wish to pursue an application for adoption of a child, we can assist with appropriate advice and, in suitable circumstances, representation.
ADULTS WITH INCAPACITY
It is an unfortunate but inevitable fact of life that, as we get older, our ability to look after our financial affairs and our personal welfare affairs could potentially be affected by the onset of mental illness or old age. In such circumstances, there is a real need for people to be able to take decisions relating to others’ financial affairs and personal welfare. However, these decisions cannot generally be taken in the absence of a properly prepared and registered Power of Attorney on the one hand, or an Intervention/Guardianship order granted by a Sheriff, on the other. Many people in Scotland now grant Powers of Attorney. In the year 2014/2015, the Public Guardian registered in excess of 55,000 Powers of Attorney (or approximately 250 each day). Just over 2% of these did not contain any financial powers. In our experience, it is unlikely that a nursing home will agree to accommodate a prospective resident unless there is either a Power of Attorney or a Guardianship Order in place. If you think this may be an issue for you, or if you have a family member or loved one who is in the unfortunate position of being incapable of making decisions in relation to matters affecting their financial affairs and/or personal welfare affairs, early advice is recommended. We can assist both with Powers of Attorney (which are granted by an adult while he or she still has capacity) and Intervention/Guardianship Orders (which are granted by the court after an adult has lost capacity). What is not commonly known is that special streamlined procedures are currently in place under Legal Aid legislation which means that an application for a Guardianship Order will be funded by the Scottish Legal Aid Board as long as the application itself contains an application for powers relating to the welfare of the adult in question. Legal Advice and Assistance may also be available in relation to the preparation of the application for civil legal aid itself.