My child has turned a corner – can we now stop the Social Work supervision? Alison MacPhee considers compulsory supervision orders over children. I’ve been asked the question in the headline a few times in my career. Sometimes at a children’s hearing the child is made subject to a compulsory supervision order. This requires the […]
Who owns a child’s passport?
Divorced or separated parents with children under 16. Who owns a child’s passport? A child should always have their own passport which is usually kept by the parent with primary responsibility for that child’s upbringing i.e. the resident parent. If the other parent won’t co-operate in the obtaining or delivery of a passport, that too […]
Do you have mum’s and dad’s permission to take your child abroad?
In Scotland the basic law is that no person is entitled to remove a child from the United Kingdom without the permission of anyone holding any parental responsibility or parental right with respect to that child, which usually means the other parent. This consent is usually given verbally although it may be in the form […]
Cohabitation Law Change Proposed
In recent decades how we live in Scotland has changed. Many couples now choose to live together without being married or entering a civil partnership. It is believed now there are more than a quarter of a million such couples in Scotland. So far so good, but what is often not understood by people in […]
Powers of Attorney – beware of press coverage
We all live longer these days, and what a success story that is for our society. Increasing longevity however brings with it the possibility of living on through illness – for example dementia – which may mean the person cannot look after themselves. Legally we can anticipate this happening by appointing a trusted person to […]
Merry Christmas everyone
Can you trust your Trust to deliver?
Most people don’t know what Trusts are, how they work and if there is any advantage in having one. We hope, in this article, to briefly explain how Trusts work and what the benefits are. Let’s start with the basics. A Discretionary Family Trust (sometimes called an Asset Protection Trust or Property Protection Trust) is […]
When is THE right time to plan for succession in the family business?
When you try to plan for succession to your own estate by making your Will, it’s never the easiest thing to do. There are increasing numbers of relationships which are euphemistically called “modern families” where there are children from different relationships, step-children and half-brothers and sisters. Getting it “right” can be a real challenge. When […]
Commercial Leases and the LBTT 3 yearly Return
On 1st April, we’ll see the third anniversary of the introduction of the Land & Buildings Transaction Tax (LBTT). When it was introduced, much of the focus was on the tiered nature of the tax and its progressive approach. However, slipping just under the radar and missed by the headline makers was the way in […]
What happens if I can no longer look after my own affairs?
This is a question that faces many people, not least those of us who are getting on a bit. The simple truth of the matter is that if you don’t take steps to make sure that your interests are looked after before you can no longer make decisions for yourself, then someone – usually your […]