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Latest News From Complete Clarity Solicitors
The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.
Ever thought about the commonalities between dormant volcanoes and sisted courtroom proceedings?
You may think, as most people do, that court cases are wrapped up quickly and the matters at hand are solved in no time. A principle of Scottish civil procedure is that a case should be litigated continuously until it is resolved. Although we wished that's how the justice system functions, that is often not the case.
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Adoption: FAQs
In this blog, we aim to answer some of the frequently asked questions about the adoption process for those who wish to adopt a child.
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How long have you been in this role?
I have been overseeing the Client Services Team since the beginning of 2022. I have worked for the Firm since 2015. I did some work experience over the summer of that year. I was then offered a Legal Assistant role before becoming a Trainee Solicitor. I have since progressed to Associate Solicitor.
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Throughout our careers, we have seen, read about and helped people and couples adopt children, but have rarely heard a story about a sibling group adoption. Although rare, there have been instances where siblings are placed together, where the adoptive family keep brothers and sisters together and adopts them both, or a whole group to help maintain their sibling relationship.
In various adoption cases, siblings are generally split up as they are placed for adoption in different families. The chances of brothers and sisters staying together are almost none, due to which their sibling relationship may get affected. Keeping a sibling group together is rather difficult - a recent survey found out that two thirds of children and young people waiting to be adopted belong to sibling groups and are waiting for an adoption in a family together. When the wait gets too long, they are split up to make new family ties and lose old sibling bonds. A meaningful sibling bond is extremely important for children in so many levels - it contributes to their care and protection and ensures their healthy well-being. In order to get long-term foster care for children and a desire to provide immediate adoption, local authorities often overlook the importance of maintaining healthy sibling relationships.
The Supreme Court reaffirmed the value of sibling relationships in two instances in 2020 that examined the part that the child's brother or sister can and should play in child custody hearings. The court declined to go so far as to draw the conclusion that siblings should always be regarded as "relevant persons"—a label often reserved for the birth parent and other adults who regularly have custody of and control over a kid. The judgments did, however, take into account the role that siblings play on a child's wellbeing. Because of this, hearings for children now have to take within the context the preservation and growth of sibling relationships, whether by trying to keep kids together or by taking into account continued sibling contact and allow them to spend time together as part of permanency planning.
Children who are adopted from local authority care almost often go through the children's hearing process, when mandatory restrictions are put in place governing their residence away from their birth families. The local authority may petition to the court for a permanence order, which may or may not also contain permission to allow the child for adoption, whenever it is clear that a child needs a permanent care solution. The children's reporter will convene a hearing to assess the proposed permanence plan and provide a report of their advise on that proposal if the local authority is considering permanency.
In view of the Supreme Court's rulings, sibling relationships will need to be taken into account while determining permanence in children's hearings. Siblings should have a better chance to be heard when decisions are being made about their futures and the futures of their brothers and sisters as a result.
In the end, it is up to the court to decide whether or not a child should be adopted. Even in uncontested adoptions, the court must be convinced that the child will get the support they need and spend their childhood in protection through the intended adoption. The court may also impose requirements on an adoption order, such as allowing for post-adoption contact with the birth family. The possibility that looked-after children will stay in their sibling groups or at the very least have the chance to maintain healthy and positive sibling relationships may increase if sibling connections are taken into account more thoroughly throughout the children's hearing stage.
Adopting a child is a tremendous commitment, and it can be intimidating to consider adoption of siblings together at once. Adopting sibling groupings does have a lot of advantages, both for the children and the parents.
Our family law team is equipped to give you advice and lead you through the legal process if you are thinking of adopting children together or even to adopt one child.
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Meet the Team - Ellidh Clark
Role: Legal Assistant/Client Services Advisor
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Christmas is usually a time for celebration for families
However, it can be heartbreaking for separated parents and their children. Here are some things that can help
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Meet The Team - Laura Black
Role: Client Services Assistant
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The process of adoption - steps parents
The definition of a "family" is forever evolving. Society has long moved on from the idea that a family involves a married couple and their biological children. However, although a 21st century family can take various shapes, parental rights and responsibilities only lie with those legally entitled to them.
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Family Law Advice - All I want for Christmas is you
Making sure the turkey is exactly golden brown and that there are enough pigs in blankets for everyone to eat is for some people the most stressful aspect of the festive season. However, for separated families, trying to make the required preparations as to where their kids will spend the holidays and Christmas can be a very stressful and worrisome time.
You need to try to work these things out between the two of you (divorced parents) unless Christmas contact has already been scheduled through a formal agreement or by court order. Complete Clarity Solicitors suggests that you discuss the necessary arrangements as soon as possible to avoid confusion in the weeks leading up to the holiday season. In order for everyone to understand where they stand and be able to plan for the big day, try to have a child arrangement order in place before the holiday season. It is important that kids are aware of what is going on and where they should be.
Separated Parents Should Plan Ahead Regarding Christmas Contact
It's vital to keep in mind that no two families are identical, and there are no set guidelines for how to schedule the time spent with the kids over Christmas. The decisions that are made must be in the children's best interests, and if at all possible, you should consult the kids on your decision-making process. However, you should make it obvious that there may need to be some negotiations. For instance, some families decide to switch their kids between homes on Christmas Day at a certain time so that both parents can spend time with the kids on the actual holiday. Some families decide to keep the kids in one home on Christmas Day and transfer them to the other home on Boxing Day. You can make the arrangements as open or formal as you like.
In the weeks prior to Christmas, you should also consider whether your regular contact schedule has to be adjusted. You should also think about any "emergency preparations" that could be necessary if, for instance, bad weather makes travel difficult or impossible. In an emergency, parents must be able to get in touch with one another or other family members.
Get in touch with Complete Clarity Solicitors as soon as possible if you need legal advice concerning Christmas contact and would like an expert legal solicitor. Please call 0141 465 5743 or This email address is being protected from spambots. You need JavaScript enabled to view it. a member of the family law team for more details and advice.
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Working parents can often have a difficult time managing hectic schedules and striking the balance between work and family. This is particularly true for separated parents. This can include picking children up, and dropping them off at nursery and school. There are also extracurricular activities such as going swimming, being a member of Brownies, playing football, doing gymnastics or taking music classes.
When separated parents live in different areas it can be challenging to manage their children's schedules well. Technology may be able to assist with this. This technology can be used by parents and children however, it is always important to note that parent's ought to monitor their children's use.
There are a wide variety of apps that can assist separated or divorced parents in managing their own calendars, as well as the schedules of their children. This can assist parents in ensuring that they are able to spend quality time with their children and achieve a work-life balance.
Schedule And Plan Ahead
It's likely that some parents will have to deal with the additional challenge of being separated from their partner, forcing them to organise their family life and family schedules across multiple locations. Due to the fact that children's and parents' schedules are changing constantly, it may appear as though an assistant is required to plan and organise each and every week. The hiring of a personal assistant is not likely to be a workable solution for the majority of households. On the other hand, there are now a number of apps that can be downloaded to your mobile phone or tablet that will significantly improve your ability to communicate with your ex-partner about the children and make the necessary arrangements.
Need Help? Technology can help.
There are a number of apps that can assist separated or divorced parents manage theirs and their children's schedules. The apps aim to improve family relationships and ultimately have a positive impact on the welfare of children and young people. WeParent is another tool to take into consideration. WeParent helps parents to share documents with one another, manage calendars and expenses, and handle letters that each parent may need to read and/or sign.
Divorced parents who wanted to try and communicate better with one another regarding their children's needs were the inspiration behind the creation of the Our Family Wizard app. This app describes itself as a co-parenting app.
This platform logs the conversations that takes place between parents so that an exact record may be kept of who said what and when it was stated. It is possible to bring in third party family members such as grandparents or additional guardians. These logs are downloadable and, if necessary, could be used as evidence in legal procedures. Our Family Wizard also includes a “Tone-Metre”. This Tone-Metre works much like a spellchecker in that it reviews what has been written and provides alternative suggestions to be used where it deems that the current wording is negative, inflammatory, etc.
The Cozi app includes a variety of features that may be shared across multiple users. These include a calendar, a to-do list, and photo albums, for those times when both parents wish to remember special events.
The judicial system is now recognising the use of these apps and the Courts are increasingly supportive of their use. Apps of this nature have recently seen a rise in popularity and have even gained the support of Sheriff Principal Anwar. Her most recent guidance stated that the judicial system has been made aware of such apps and that they could be used in cases that involve a crave for a section 11 order for contact/residence under the Children (Scotland) Act 1995. This is the legislation that governs the law relating to which parent children live with, which parent they have contact with, what form this contact takes and so on.
These apps may be helpful to many parents in minimising conflict and providing assistance to individuals who are going through difficult situations. However, we are fully aware that for some people, these apps won't be enough to meet their needs.
If this is the case, legal counsel from Clarity Simplicity , specialists in family law, should be sought out as soon as possible to ensure that the appropriate actions are performed as quickly as possible. You may contact us via This email address is being protected from spambots. You need JavaScript enabled to view it. or call us on 0141 465 5743.
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Despite the introduction of our new Prime Minister and the announcement of support for skyrocketing energy prices, many people will surely still be worried about rising interest rates, inflation, fuel and food prices, and how these issues will be handled in the months ahead.
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National Adoption Week 2022 begins on Monday, October 17, 2022, with the goal of educating and informing people about the process of modern adoption today, with a rounded, honest, and inclusive portrayal of the journey - showcasing the highs and lows and championing all the voices involved in the process that are often less heard. Adopted children, adopted adults, adoptive parents, birth parents, and the adoption and social care workforce all contribute to placing children in loving permanent homes.
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It is typical for a tenant to attempt to reduce their dilapidations liability under a commercial lease by making reference to the state of the property at the beginning of a lease. When this happens, a tenant may often claim that their only obligations under the terms of their lease are to maintain the property in the manner described in a "schedule of condition."
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This article examines the methods of enforcement creditors in Scotland have at their disposal to collect amounts owed by a debtor. Here we will discuss the details regarding Scotland's Earnings Arrestment system and how this is approached slightly differently than in England.
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What exactly is proof, and why is it so important?
Evidence for a court action takes a variety of forms. It can be physical evidence (something tangible and tactile), documentary evidence (a written statement or material such as discs, tapes, videos, and photographs), or oral evidence (the testimony of a witness). The gathering of evidence as part of your argument is critical. You must be able to prove the facts on which your case is based if you wish to win. Evidence is presented at various phases of the judicial proceeding. When the claim or defences are filed, some evidence will be produced. There will also be deadlines for submitting evidence prior to the start of a trial.
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Complete Clarity Solicitors are overjoyed to welcome Chloe Herd and Jenna Anderson as Trainee Solicitors. Chloe and Jenna began working with the Firm in January 2022 as Legal Assistants. They have been incredibly successful in this role and are already working with our team of Solicitors on a variety of complex cases.
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