As solicitors who advise clients daily in relation to every aspect of family and child law, we find that some of the most frequently asked questions from clients relate to the processes involved in negotiating a dispute.
For the vast majority of people who instruct a solicitor in relation to a contact or residence issue regarding their child, it will be the first time they have ever had to take legal advice in a situation of conflict.
To help our clients and others to understand the process as to how a dispute is handled, we have put together a route map to help navigate clients though the journey of child contact or residence dispute:- https://brodies.com/insights/separating-or-divorcing-with-children/child-contactresidence-disputes-the-process-in-scotland/
We hope that the route-map will provide helpful clarity about the processes involved and the legal jargon which can be so off-putting for parents as they navigate their way through the unfamiliar territory of a court.
The stated aim of the Scottish Government's family justice modernisation strategy Government is to "ensure the family justice system is supportive and it does not contribute to children's distress." For many separating couples the outcome for their children is their primary concern and there is no room for confusion when it comes to understanding the legal processes that involve them. If anybody finds themselves in a situation of dispute regarding the care arrangements for their child it is our role, as legal advisors, to guide our clients through that difficult time with as much transparency and clarity as possible – we hope that this route-map helps.
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