Putting children’s needs at the heart of any separation or divorce is tantamount. Our aim is treat cases involving children sensitively and quickly so that a suitable resolution is found.
The reforms in Scotland proposed by Scottish ministers may fundamentally change the legality of court orders. They are looking to ensure that women who defy court orders are not criminalised for it.
We are going to look specifically at the legal aspects of separation.
What should you be thinking about?
Securing maintenance agreement following a separation can be extremely contentious. The ideal situation is that both parties agree to suitable payments however this is rarely the case. Usually the parent who is not the primary care giver pays for the day-to-day care of the children who are under the age of 16 or under the age of 20 and still in education.
If you cannot agree as to a suitable amount of maintenance then you can apply to the Child Maintenance Service (CMS). They then review the circumstances and decided how much payments should be. The CMS calculates the amount based on the gross income of the individual.
Our solicitors are trained to find resolutions with the best interests of the child at the heart.
It can be stressful and contentious when deciding living arrangements for your children. In an ideal world both parents would agree, however we are well aware that this is not always possible.
Putting the children first assists us to provide the appropriate advice around living and contact arrangement orders.
It may be necessary to mediate to find solutions for custody arrangements. Our experts offer an environment to be open and negotiate in a manner that is respectful of all parties but ultimately putting the children first.
If mediation fails, it may be the only option left is to get an order from the court. If you fundamentally disagree about your child’s welfare then a court can decide. These could include living arrangements, contact times and who can have contact with the child. The order is intended to serve the child’s best interest.
These orders can be amended should there be evidence of substantial change. This could include relocation, employment status or environmental changes.