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Appeal challenging sheriff’s findings in fact in making residence order refused as ‘entirely devoid of merit’

June 29, 2016   /  Uncategorized   /   no comments

An appeal which sought to challenge a sheriff’s decision to grant a residence order on the basis that the sheriff erred in making certain findings in fact has been dismissed as “entirely devoid of merit”. The note of appeal challenged the sheriff’s approach to evidence led at a child welfare hearing, but in refusing the…

IBA access to justice for children survey – Scottish responses sought

June 27, 2016   /  Uncategorized   /   no comments

The International Bar Association’s access to justice and legal aid committee is seeking responses from Scottish practitioners involved in child and family law in respect of its international survey on access to justice for children. The committee is working with the Bingham Centre for the Rule of Law on a research project, looking at access…

Scottish Legal Profession Tackles Mental Health Issues

June 24, 2016   /  Uncategorized   /   no comments

A new collaborative initiative to promote and support mental health and wellbeing in the Scottish legal community launches this week. Legal Wellbeing Scotland is spearheaded by the Law Society of Scotland and driven by LawCare, a charity which provides support to the legal community. The initiative brings together representatives from a range of legal professional…

Council’s appeal against sheriff’s post-adoption contact order refused by Sheriff Appeal Court

June 22, 2016   /  Uncategorized   /   no comments

A Scottish local authority that was granted a permanence order in respect of a child, but challenged a sheriff’s decision to order that contact take place between the boy and his father four times a year rather than two, has had its appeal refused in the first published civil case judgment of the Sheriff Appeal Court….

Mr Justice MacDonald reminds professionals of responsibilities when considering allegations by children

June 20, 2016   /  Uncategorized   /   no comments

Actions of some professionals ‘materially prejudiced the welfare of both children’ In AS, TH, BC, NC and SH (False Allegations of Abuse) [2016] EWHC 532 (Fam) Mr Justice MacDonald has reminded professionals of the guidance they ought to follow when involved in cases in which allegations of abuse are made by children. The case concerned…

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