Child Arrangements During Christmas Holidays

Posted on 8 December 202211 July 2023 by Tom Quail

Child Arrangements During Christmas Holidays

After the last two years, time with loved ones has never felt so important. However, for separated parents, Christmas can be a time of worry and stress as arrangements need to be put in place as to where and how the children will spend the festive season.

Here are some tips for avoiding any festive unhappiness and how to agree on arrangements for children during Christmas.

What are my rights for seeing my children over Christmas?

It is recognised that it is in the best interest of the children to see both parents and for children to have contact with both parents.

Unless there are issues of domestic violence and/or abuse, neither parent should prevent the other from seeing the children.

It is strongly advisable to agree an arrangement to ensure time is spent with both parents during what is a magical time of year for all children.

Tom Quail shares some tips on agreeing festive contact arrangements, amicably, as follows:-

Be organised

If you do not have agreed plans in place, start a conversation with your ex-partner and agree an arrangement that works best for you and the children.

Parents tend to agree that Christmas Eve, Christmas Day and Boxing Day are the main days and are dealt with separately from the rest of the holiday period.

Suggested arrangements can include:-

Christmas Eve at one home until lunch on Christmas Day;
- Children spending the entire Christmas period with one parent and alternate the following year;
- Share Christmas Day with the handover after lunch or tea time if you live near to one another;
- Share the holidays so one parent has one week with Christmas and the other has New Year, and alternate each year.

Include the children

Include the children, but do not make them choose. Depending on the age of the children, include them in discussions as older children often need to feel they are being heard.

Once a child is older than five, the courts will want to know their views. Avoid court proceedings, but include the children.

Be fair and considerate to the other parent

Ask yourself if you would be happy with the proposed plan. If the answer is “no”, maybe the plan should be reconsidered.

Put the plan in writing

Once you reach an agreement, it is a good idea to put it in writing, email, send it to the other parent. If there are any other issues, these can be resolved in good time before Christmas. This should also help to avoid any misunderstandings as you have committed it to print.

Stick with the plan whenever possible

Be prepared to be flexible with arrangements for the children and willing to adapt your plans to an extent.

Last minute changes

Last minute changes to the plan often cause feelings of disruption, uncertainty and anxiety. Whilst flexibility is important, it is equally important to have stability.

If you need any advice on child arrangements during Christmas, or any other family law issues, contact Tom Quail for a free minute case review.

WJM Solicitor Gains Trauma Awareness Accreditation

Posted on 28 October 202211 July 2023 by Margaret Hoisington

WJM Solicitor Gains Trauma Awareness Accreditation

A solicitor from Wright, Johnston & Mackenzie LLP has been accredited for her competency and knowledge on the complexity and impact of trauma.

Emma Letham, Associate at WJM, has gained the Trauma-Informed Lawyer Certification from the Law Society of Scotland at a time when trauma-awareness and trauma-informed practice are forming the heart of a fairer justice system.

Emma has worked in family law for over seven years, becoming a specialist in adoption and permanence cases.

The prominent member of the Association for Fostering, Kinship & Adoption Scotland was certified after completing the specialist course that has been in high demand, despite it only launching a year ago.

Emma said: “It is a privilege to have been given the opportunity to undertake this course. Upskilling in how to spot signs of trauma is so important in effectively handling cases that require an extra level of sensitivity.

“I have always been interested in psychology and human behaviour and it is therefore no surprise that I chose to practice in a human-centric area of the legal sector.

“I now feel better equipped to assist my clients through a trauma-informed practice and I am of the view this course is invaluable for all family lawyers.”

Tom Quail, head of the WJM family law team, said: “Emma has shown high levels of compassion and integrity throughout her career and this course will stand her in good stead for providing the best possible support to her clients.

“Our firm is committed to supporting the team in pursuing the CPD and training opportunities that will help them to continually upskill and provide the best possible level of service.”

It adds to Emma’s other specialist training, as she has previously undergone Domestic Abuse Training for Solicitors provided by Scottish Women’s Rights Centre.

Warning Issued Over ‘DIY’ Sperm Donation Agreements

Posted on 19 July 202211 July 2023 by Tom Quail

Warning Issued Over ‘DIY’ Sperm Donation Agreements

Tom Quail, family law specialist at WJM, has issued a warning to those considering a ‘DIY’ sperm donor agreement instead of going through regulated clinics.

Doctor holding urine sample cup. Medical test in hospital.

As the unregulated sperm donation market continues to grow and more people opt for private arrangements, greater awareness of the legal implications is needed.

He said: “While it is illegal to sell sperm in the UK, there is a growing trend of people obtaining sperm through unofficial and unregulated channels, whether that’s by using online marketplaces or making arrangements with close friends.

“However, as well as the lack of screening for medical conditions or background checks on donors, there is also a host of legal implications which it’s vital to consider.

“Some people going down this route may decide to draw up and sign a ‘donor’ or ‘co-parenting’ agreement to set out in writing what is agreed between all parties, believing these are legally binding. They’re not, nor are they a guarantee about the role a donor will or won’t have in the child’s life.”

He warned that the consequences of donating sperm through a licensed clinic and donating through a private arrangement differ considerably.

Donors who donate their sperm through a licensed clinic are not treated as the legal father of any child they help conceive. This means that a clinic donor cannot be held financially accountable for their genetic children, nor will any donor-conceived children have any rights of inheritance from the donor. Furthermore, the donor will also not have any say in the upbringing of the child.

By contrast, a donor who donates sperm outside of a licensed fertility clinic will not acquire the same automatic protection, and will be considered the legal father of the child.

Tom added: “A sperm donor should think carefully about the role they may wish to play in the child’s life and whether they want to have any contact with the child in future. If they don’t, there is the potential for disputes further down.

“Going down the non-licensed route can lead to major problems and exposes all those involved to potential legal battles in future.

“Some people may feel the licensed clinic route is cost prohibitive, but in reality going down the route of a DIY donor legal agreement could have considerable consequences so it is important to take this into consideration and plan carefully from the outset.”

What Changes will The Children(Scotland) Act Make for Children and Young People

Posted on 26 May 202211 July 2023 by Margaret Hoisington

What Changes will The Children(Scotland) Act Make for Children and Young People

October 26 2022, Virtual Seminar

2pm – 5pm: £180

Speaker : Tom Quail, Wright, Johnston & Mackenzie LLP

The Children (Scotland) Act 2020 received royal assent in August 2020. The changes have not yet been brought into force as the Government, Local Authority Courts and Children’s Hearings prepare for the changes before they have to start delivering them.

The new Act brings the law into line with children’s rights under the United Nations Convention on the Rights of the Child (UNCRC).

This seminar will consider the main changes for children and young people being:-

• Children and young people having more opportunity to give their views to court;
• The courts having to explain decisions to children;
• Children having Support Advocacy Workers in family court actions;
• Measures to keep children safe in contact centres;
• Registration of Child Welfare Reporters and Curators ad litem and rules of how they should carry out their duties;
• The court having to investigate the reason contact arrangements are not working
• Rules to avoid legal proceedings taking too long

The seminar will look at the potential impact, the changes the new Act will bring and the advice which requires to be given by family law/child law practitioners.

Book your place here: http://ccpdtraining.co.uk/booking/booking-childrenscotlandact

Kinship Care Orders – FAQs

Posted on 11 March 202211 July 2023 by Emma Letham

Kinship Care Orders – FAQs

Kinship Care Week in Scotland runs from 14-20^th March 2022 and the Kinship Care Advice Service for Scotland is running events all week. You can find out what is on using this link – https://kinship.scot/kinship-care-week-2022/

To mark Kinship Care Week, our Emma Letham has answered some of the Frequently Asked Questions about Kinship Care Orders.

The general principle is that children should be brought up by their parents without intervention from their local authority. However, if this cannot happen, a child should be placed with kinship carers where appropriate and possible.

What is a Kinship Care Order?

A Kinship Care Order is applied for under Section 11 of The Children (Scotland) Act 1995. Under a Kinship Care Order, the Court can grant some or all Parental Rights and Responsibilities to Kinship Carers.

Parental Rights and Responsibilities are held by the child’s birth mother and sometimes the birth father. The important point to note is that under a Kinship Care Order, the Parental Rights and Responsibilities are not completely removed from the parents; they are shared with the Kinship Carers.

Who can apply for a Kinship Care Order?

A Kinship Carer is someone who is related to the child or has known the child and with whom the child has a pre-existing relationship.

Under the Looked After Children (Scotland) Regulations 2009, a Kinship Carer is defined as a “person who is related to the child (through blood, marriage or civil partnership) or a person with whom the child has a pre-existing relationship”.

How much does a Kinship Care Order cost?

The cost of a Kinship Care Order can depend on a number of matters, including whether the application is likely to be contested by the child’s birth parent(s).

If the child’s birth parent(s) are in agreement with the Kinship Care Order, this means the Court process will likely be straightforward and a solicitor who specialises in these matters can offer a fixed cost for the legal work to be undertaken.

If the child’s birth parent(s) are going to contest the application, then the Court process will take longer and there will be an increase in costs.

We would recommend checking if you are eligible for Legal Aid to assist with the cost of obtaining a Kinship Care Order. Most local authorities would require you to check your position in relation to Legal Aid in the first instance.

If you are not eligible for Legal Aid, then the local authority may contribute to the legal costs involved in applying for a Kinship Care Order; they may meet some or all of the costs.

It may be beneficial for you to obtain information from the local authority in relation to their contribution towards legal costs in writing.

It is important to remember that the Court will not automatically grant a Kinship Care Order – the Order will only be granted where it is in the best interests of the child. In reaching a decision, the Court’s paramount consideration will be the welfare of the child.

If you have any questions about Kinship Care or applying for a Kinship Care Order, please do not hesitate to contact our Emma Letham at ell@wjm.co.uk for a free, confidential chat.

Adoption FAQs – The Children’s Hearing process

Posted on 18 November 202111 July 2023 by Emma Letham

Adoption FAQs – The Children’s Hearing process

To mark Adoption Week Scotland, our Adoption specialist, Emma Letham, has put together a series of blogs, answering commonly asked questions from Prospective Adopters.

Do Prospective Adopters need to take part in the Children’s Hearing process?

The short answer is no. Prospective Adopters do not need to take part in the Children’s Hearing process.

However, it is something to which you might want to give some consideration, particularly if the child’s birth parent(s) are likely to oppose the Adoption Order at Court.

When a child is living with their Prospective Adopters, the child will often be the subject of a Compulsory Supervision Order (“CSO”) through the Children’s Hearing System.

The CSO is required to be reviewed every 12 months from the date it was issued. The CSO is reviewed at a Children’s Hearing and the Panel Members are able to make substantive changes to the CSO. These changes can include the contact which a child has with their birth parent(s).

As a Prospective Adopter, you have no automatic right to attend or contribute to the Children’s Hearing. In addition, unless you are deemed a “Relevant Person” by the Children’s’ Hearing, you are unable to Appeal decisions of the Panel Members. The child’s Social Worker cannot Appeal a decision.

Therefore, some Prospective Adopters wish to be deemed “Relevant Persons” to allow them to attend and contribute to the Children’s Hearings for the child. This also provides them with the right to Appeal a decision if the Panel Members make a decision which the Prospective Adopters do not believe is in the child’s best interests.

The test for being deemed a “Relevant Person” is as follows; –

“The individual has (or has recently had) a significant involvement in the upbringing of the child”.

A Prospective Adopter should therefore easily meet this test (if the child is currently living with the Prospective Adopter).

A child’s birth parents automatically have “Relevant Person” status.

In some Adoption Cases, where the birth parent(s) are opposing the Adoption Petition, the birth parent(s) may request an early Review Hearing to ask the Panel if contact can be re-instated between them and the child.

If the Prospective Adopters are deemed Relevant Persons, then they have a right and duty to attend Children’s Hearings for the child and have their views heard by the Panel Members.

For more information about the Children’s Hearing process or the Adoption legal process, please contact our Adoption specialists – Emma Letham at ell@wjm.co.uk and Roger Mackenzie at rlm@wjm.co.uk

Q&A with an Adopter

Posted on 17 November 202111 July 2023 by Emma Letham

Q&A with an Adopter

To mark Adoption Week Scotland, our Adoption specialist, Emma Letham, spoke with a recent adopter about his experience of the Adoption Process:-

EL – What has been the best thing about adopting?

Achieving something that I never dreamed was possible. Adoption for same sex couples didn’t become legal until 2009, so becoming a parent wasn’t something that I believed would be possible and at times I still can’t believe I’ve achieved it. I love being a parent and being able to pour all the love that I have in to my son to ensure that he has love, stability and security is my key priority, he is everything to me. Watching him grow and develop in to a confident, funny loving little boy is the best part of it.

EL – Have you felt supported along your adoption journey?

Absolutely! Whilst the adoption process can be complex, and at times tricky, I’ve always felt supported throughout. Everyone (friends, family and colleagues) are there to offer and provide support all the time and everyone continues to ask questions in order for them to understand. You also have the opportunity to build strong relationships with other adopters and those relationships are extremely important. I’ve always felt supported by my social worker and solicitor too. Choosing a solicitor who specialises in adoption is vital as they can help you navigate the legal aspects of the process.

EL – What kind of support is there for adopters?

There is so much support available throughout the entire process, so there is no shortage of support. Your adoption agency provides excellent up-skilling during your preparation groups to ensure you understand the process and understand the background that your child is likely to have experienced. The relationships you form in these groups are important as we have become lifelong friends with the other adopters that we attended these groups with. You then have an allocated social worker who meets with you regularly and prepares you for the adoption panel. They then support you through the family finding stage and ensure that you are fully supported when your child or children move in. Your child or children will also have their own social worker, so they are always available for help and support. Then you have your solicitor and when your child or children have moved in and you are entering the legal aspects of the process, your solicitor is essential in providing that guidance throughout. In additional to the formal roles available, there’s also facebook groups and other online platforms that help you connect with other adopters.

EL – What advice would you give to someone who is considering adoption?

Keep your eyes on the prize. If your motivation is about being a parent, then adoption could be the route for you. It’s not straightforward for some people, but there’s plenty support available to ensure you are guided through each step. Unfortunately some children are out there and they are looking for their forever families. They could be looking for you ….

For any questions about the legal process for Adoption, please contact one of our solicitors who have expertise in dealing with adoption matters – Roger Mackenzie at rlm@wjm.co.uk or Emma Letham at ell@wjm.co.uk

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