Latest News From Complete Clarity Solicitors

The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.
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Thinking to relocate abroad with your children?


Thinking of relocating abroad with your children?

To move abroad with children may not be on anyone's mind right now, but for parents who live abroad, returning to their "home country" from a new country after a marriage breakup may seem like the only option. However, adding a global component could make the already challenging decision of where and with whom to place the child much more difficult.
If you want to take your child out of the UK and want to relocate abroad, you must get permission to relocate and consent from the other parent. In the event that they decline, a court application must be made to obtain the permission of the court and authorization to migrate with the child outside of the UK.
The well-being of the child is the most important factor to take into account while deciding whether to move abroad with a child. The court will conduct a welfare evaluation and evaluate the feelings of the child when reviewing requests for relocation and determine whether or not the move will be in the child's best interests.
The applicant's parents may have to make a very difficult choice and reach an agreement with the other parent regarding their own migration if the application is rejected. They could feel loyal to a nation where they have few relatives or friends. This could occasionally result in that parent acting irrationally and taking the child away without asking the court for permission, forgetting their parental responsibility.

What do I do if my partner is going to take my child abroad without permission to relocate? 

If a parent relocates with a child without the other parent's consent after divorce or separation or an order of the court then according to family law, the 1980 Hague Convention on Civil Aspects of International Child Abduction offers a remedy for the return of the abducted child.
Hague Convention
The 1980 Hague Convention on Civil Aspects of International Child Abduction provides a remedy for the return of the abducted kid if a parent relocates with a child abroad without the other parent's agreement or court order.
An international agreement called the Hague Convention aims to ensure the return of kidnapped children across borders. One of the 101 signatories is the UK (as are most countries in Europe along with the US, Australia, and New Zealand). A request for the kid's return under the Hague Convention may be made if the child is removed from one of the signatory states.
You should seek immediate legal counsel if you believe your kid may be in danger of being removed from the UK by their other parent because you may be able to secure protective measures and parental responsibility.

Solutions to ensure the parent doesn't move abroad with children 

To stop the removal of children from the UK, the family law court has a broad range of authority. The court may issue an interdict, which is a directive barring the kid's removal. It may also demand the return of passports and the disclosure of the location of the youngster. An interdict can be strengthened in cases of immediate danger by a UK-wide port stop order, which informs all airports and seaports of the potential for the child to be taken out of the country illegally.

Get help from our solicitor to avoid your partner to relocate with your child abroad

It is imperative that you obtain immediate legal advice to stop the potential removal of your kid from the UK rather than attempting to resolve the issue through the Hague Convention.
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The process for child custody and residence disputes in Glasgow


The process for child custody and residence disputes in Glasgow

In our experience as family and child law solicitors in Glasgow who counsel clients on a daily basis, the procedures involved in resolving disputes are among the most commonly asked issues by clients.

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Considerations for landlords when consenting to sublet 


In recent years, businesses have undergone significant changes, some experiencing positive growth and expanding their operations, while others have faced financial challenges and the need to reevaluate their strategies. As companies explore options to streamline costs, one potential avenue is the practice of 'sub-letting,' where businesses sublease their premises to others.

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In family law, how does collaborative practice work?


Collaborative law is a constructive method for divorcing or separating couples that avoids the stress and expense of going to court.

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What should I consider when I, or a loved one, has dementia?


If you are aware of someone who is experiencing memory loss and looking to help people with dementia, there are many things you should consider while doing so. Caring for a loved one can be challenging and overwhelming, hence it is crucial to consider speaking to your GP regarding the next steps and your power of attorney who can help you handle the legalities of the process. The solicitors at Clarity Simplicity can help you handle your finances and ensure your will is up to date. This blog is a dementia guide with all the necessary information for anyone going through the process.

How to talk to someone who shows signs of dementia

It might be challenging to bring up the subject of memory loss and the potential for dementia when someone has dementia. A person who is displaying these symptoms may be perplexed, unaware of them, anxious, or in denial.
You should think about the following things before engaging someone you're worried about in conversation:
  • have become aware of the early signs and symptoms of dementia
  • believe that their issues are a normal part of aging,
  • are concerned about what the changes could signify, and
  • feel that getting help won't be helpful
You should also think about if you are the best person to discuss their memory issues with.
If you do decide to speak with them, pick a comfortable, non-threatening setting. For the conversation to flow naturally, make sure you give yourself plenty of time.

In case the diagnosis is dementia

Although receiving a dementia diagnosis might be shocking, many people with dementia eventually learn to embrace it. This is so that they can understand their symptoms more clearly and take the first step in receiving the aid and care they require and plan for the future.
Caring for someone with dementia and being a carer can be overwhelming, but there is help and support available. Receiving a diagnosis can empower those who have dementia—as well as their carer (loved ones and friends)—to take charge of their condition and make future plans. If you think someone is diagnosed with dementia, you can encourage them to see their GP and get care and support from health and social care professionals.

Take action before dementia progresses

If you know of a friend or relative who has a diagnosis of dementia, you can learn about the preventative steps that you can take right now to lessen the likelihood of them going to the critical stages of dementia in later life.
Age and family history are the two key variables that are beyond our control. However, there are effective measures to lower our or a loved one's chance of acquiring dementia in the future and support a healthy brain. It's a good idea to maintain regular exercise, a balanced diet, and brain stimulation. In order to lessen the chance of cognitive decline, the obvious connection between diabetes and dementia and the significance of treating and controlling it. The possibility that our society would one day be dementia-free was very heartening.

Talk to your loved one and encourage them to see a GP

Early detection of dementia can often halt the disease's progression, allowing the affected individual to retain their mental capacity for a longer period of time. A suggestion that you go with your friend or family to the doctor with them can be helpful for them. In this approach, you can help people remember what was discussed after the meeting.
Dementia is diagnosed by doctors after thoroughly evaluating the patient and ruling out any other disorders that could be the source of the same symptoms. A set of tests will be performed by a general practitioner or a physician with expertise in memory issues to determine whether there is another possible cause for the issues. The medical professional will also want to go over how the symptoms have changed over time.

Finding help and support - the legal basics

It's reassuring to think that you may be able to influence some parts of your long-term health, and you may even be able to influence some areas of your future. It's crucial to consider how you can provide for your family, safeguard your intentions, and accumulate wealth, as well as the actions that may be performed right away to make this possible in the future. You may take two crucial actions right away to make sure that everything is in order for you and your family.
Which are:
You and your family will feel more secure knowing that you and your power of attorney have authority over your finances both now and in the future. There are several frequent misconceptions about powers of attorney that you should be aware of as they might include authority over your personal well-being.
It is definitely worthwhile doing the same for your personal legal documents if you are proactive about taking care of your cognitive health. Focus on the features of dementia that we can influence instead of the things we will never change. If you are worried someone has dementia, it would be helpful to get help from a power of attorney and ensure that you secure your future and be ready to face what's to come. It is best to take action at the early signs of dementia.
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How to rectify missives


The Court of Session presided over an action for the rectification of a disposition and set of missives concluded in 1995 in the recent case of Drysdale v. Purvis and Another [2022] CSOH 66.

The main building was left out of the contract provisions in the missives and the disposal that transferred the title, which the solicitors involved in the transaction referred to as a "catastrophic blunder." The same law firm represented both the buyer and the seller, and neither the lawyers nor the parties to the transaction were aware of the mistake. Over 20 years after the sale, the problem wasn't brought to light until the seller's daughters contested the buyer's usage of the property. What transpired, then?

What is rectification?

A party seeking to correct a written contract may apply to the court for rectification under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 when the written contract, including one set forth in missives or a disposition, fails to accurately express what the parties have agreed.
Rectification will retroactively correct the contract, but there is a high bar that must be cleared by the parties before the court may issue an order for rectification. The existence of an agreement between the parties previous to the establishment of the contract, in which the parties had a common aim, must be proven on the balance of probability.

Drysdale v Purvis: the background

On August 7, 1995, the buyer submitted an offer to buy a farm steading along with two blueprints defining the relevant piece of property, one of which identified the farming area and the other which identified the structures and a portion of the steading. The farm steading and some nearby acreage would have been given to the buyer if the offer had been accepted. But following talks concerning the pertinent areas to be covered by the sale, a letter of qualified acceptance dated August 24, 1995, was sent. Due to the fact that there was only one attached plan defining the transaction's subject matter—the plan pertaining to the agricultural land—the farmsteading was not included in the sale.
The purchaser did not acquire title to the farm steading as described in the initial offer to purchase since the disposal that was then produced and signed only reflected the land as identified in the qualified acceptance letter dated August 24, 1995. This sparked a disagreement about whether or not the farm steading should have been included in the transaction in 1995.

Drysdale v Purvis: the dispute

The court had to decide, among other things, whether the missives as they were written failed to adequately convey the parties' agreement on the land to be acquired and sold and if the disposition failed to give effect to the agreement made over that land.

Drysdale v Purvis: the decision

Lord Turnbull noted that compelling the court to accept rectification required strong proof. But those involved in the 1995 deal were either unable to testify or had limited recollection of what happened, and the lawyers' records had been destroyed. Despite this, Lord Turnbull concurred that the evidence showed that there had been a prior understanding and shared intention that the farm steading should be transferred to the buyer, which the missives and disposition finally failed to adequately reflect. The farm steading had been a crucial component of the offer for the buyer, and with the seller's knowledge and active engagement, the buyer had seized ownership and transformed the steading.
The parties had not previously discussed the farm steading being excluded from the sale, and there was no indication that they had since changed their minds. Lord Turnbull claimed that the strength of this evidence was sufficient to dispel any concerns raised by the seller's signatures on the disposition.

Key takeaway

Notable is that the farmsteading was excluded from the qualified acceptance and subsequently the disposition, which the parties' solicitor acknowledged was a "catastrophic blunder." The solicitor who represented each party, according to Lord Turnbull, "would perhaps have a better knowledge of what the parties to the transaction had in mind to agree." If the solicitor had been unable to testify, it is doubtful that the court would have made the same decision.
However, this decision is a good reminder that rectification actions only succeed where it can be conclusively established that the parties' intentions were different from those set forth in the written contract.

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FAQs: Parental child abduction


Parental international child abduction occurs when one parent (the abducting parent) takes a child out of the state where the child usually resides and places them in another state without the other parent's permission (the left behind parent), in violation of the left behind parent's right to decide where the child resides (the "right of custody"), or in violation of a court order.

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The Differences between Power of Attorney and Guardianships

The Adults with Incapacity (Scotland) Act 2000 governs both guardianship orders and powers of attorney, which are frequently misunderstood and used interchangeably in conversation. Despite serving the same general objective, each is tailored to a particular circumstance. It is crucial to comprehend the distinction if you are worried about your ability to make critical selections in the future or the capacity of someone close to you.

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Power of Attorney FAQs


Power of Attorney FAQs

In the event that you become incapacitated and are unable to manage your own affairs, a power of attorney enables someone else to act on your behalf. We look at a few often-asked queries about powers of attorney and how they work.

You must choose your power of attorney someone you trust to have the mental capacity to make decisions on their behalf. Contact a notary or solicitor to get legal advice.

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What happens to shares upon the death of a Shareholder


Questions about what should happen to the assets of a shareholder after death and how they should be distributed to beneficiaries will inevitably arise.

Here, we detail four helpful actions to take into account when transferring the shares of a shareholder who has passed away with business owners and executors in mind.

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Education Law: Disability discrimination in schools; Are they failing to make reasonable adjustments?


A person has a disability, according to the Equality Act 2010 advice for schools, if they have a physical or mental impairment that significantly and persistently limits their ability to carry out daily tasks.

A school is thus prohibited from discriminating and being unlawful against a disabled student in any area, including admissions, instruction, exclusion, or denial of opportunities or choices. All educational activities, including assessments and internal exams, behaviour and discipline management, and use of school facilities, are included in this provision of education, as well as any extracurricular and recreational activities, after-school and homework clubs, sports activities, and field trips. To know more, contact our solicitors!

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Is collaborative law the right option for you?


Watching court proceedings on TV, filled with tears, temper tantrums, and dramas are entertaining, but it's best to avoid them in real life and try to resolve disputes without going to court. Given the sensitive and unpleasant topics that will be discussed, it is understandable that cups of tea and tissue boxes will frequently appear in family law hearings. But there is an alternate approach. The tension and anxiety caused by a relationship breaking down might be lessened through "Collaborative Practice." 

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Consider the best option for your divorce


It is possible to take charge of the process to ensure the best result for you and your family if you find yourself in a situation where getting a divorce is your only option because your partnership has failed, either now or in the future.

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Why you should tell children about divorce and separation


As family lawyers, we recognise the value of communication. We are aware that a client and their child may be dealing with trying circumstances that could harm their mental health. Younger children need reassurance and special care during this period. We assist them in settling separation-related legal concerns. When it comes to the subject of divorce or separation, it is important to reassure your children and ensure they talk about their feelings. There are two strategies of problem-solving that might lessen the conflict of a separation or divorce and the stress brought on by relationship failure: collaboration and mediation. These strategies need to be taken by the mother and father who need to put in efforts together to maintain a good relationship with the other parent.

What is mediation?

Clients who are going through a divorce are frequently referred to mediation. An accredited legal mediator or a non-lawyer mediator can mediate a dispute. This kind of dispute resolution is particularly useful when it comes to matters involving the care of many children. When contact with an ex-partner has deteriorated, mediation offers a "safe" setting where issues can be brought up and they can express their feelings in front of the mediator or counsellor, who is an impartial third party. Each participant has the opportunity to voice their opinion during respectful and open discussions. Although the mediator won't resolve the conflict or ensure they don't separate, they can help to promote communication, comprehension, and ultimately agreement to get divorced without going to court.
There will be a first intake meeting where each party can express their worries and expectations for the mediation process to the mediator. After that, several collaborative mediation sessions will take place. At the conclusion of the process, a summary of what has been agreed upon is prepared, which can be formalised in writing by the parties respective attorneys. Mediation discussions are private and cannot be used as evidence in court, which provides parties true freedom to consider many choices. If you feel sad or feel angry, you can take help from a counsellor and be able to see things in a different light.
And as we adjust to new ways of working and assisting clients, mediation can still happen with counsellors virtually despite the limitations imposed by the pandemic.

What is the Collaborative process?

The Collaborative process can also be utilised to settle problems brought up by the news of your separation. To resolve issues, trained collaborative attorneys will collaborate with their clients in a unique and creative manner. The unique aspect of this method is that both the clients and their attorneys sign an agreement at the outset promising not to file a lawsuit and instead want to talk. All discussions take place in front of both clients and attorneys, and an agreement to be completely transparent, open, and honest is made. Only attorneys who have received collaborative training are eligible to take part in this process. Input from qualified financial advisors and qualified counsellors can also be helpful to clients.
This strategy places the consumers at the centre of the procedure and empowers them to come up with original solutions to their conflicts. This will eventually help your child and ensure that the children handle the situation even if you are not together anymore. It enables everyone involved in the process to concentrate on their shared interests and develop a plan that works for them and their families, which is crucial for resolving problems involving the care of any children from the relationship. Collaboration meetings can also be held online.

Talking to your children about divorce

Wait until you've made your final choice before you tell your children if you and your partner are debating a separation or divorce. Do not argue in front of your children. Even though being truthful may seem like the best course of action, if you later change your mind, it could be confusing and unpleasant for them. Children tend to feel angry or feel sad during such times.
You should definitely tell the children once you've made up your mind to separate. However, avoid telling them weeks in advance. It might be best to only give them a short amount of notice so they don't have to worry about it for too long.
When everyone is quiet and at ease and you have the time to explain everything slowly and thoroughly, talk to your preschooler. Don't have the chat soon before bedtime or before dropping her off at preschool because she could need further assurance later.

Be honest with your children

The idea of being children of separated parents is a worry to every child. However, they are likely to feel better if you be honest with them about your decision to separate and give them time to be able to cope up with the news. Tell her you're happy to answer any questions if they need to talk now or later and give them lots of hugs and comfort.

Solicitors to help you with a separation or divorce

The family law team at Complete Clarity Solicitors is able to offer professional guidance on all facets of divorce and separation. We have a number of Collaboratively trained lawyers and accredited family law mediators who can help when it is difficult to talk for you.
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Child Contact: April is Stress Awareness Month


Child Contact: April is Stress Awareness Month

April is Stress Awareness Month, and as family lawyers, we frequently help people who are struggling with a variety of challenging problems, both emotional and otherwise, when a relationship has ended. One issue that frequently raises concern is the arrangements for any children of the partnership to have contact with the non-resident parent.

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How to prepare a Cohabitation Agreement


When a couple buys a home in their joint names but makes unequal contributions to the cost of acquisition, this is a typical situation in which a cohabitation agreement may be entered into. In that case, a cohabitation agreement can effectively ringfence their individual contributions in the event of a breakup. There is no "one size fits all" solution; rather, such agreements are personalised, suited to the specific circumstances of the partnership, and can handle a wide range of issues.

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Update On Cohabitation Law


Update on cohabitation Law 2022

The Scottish Law Commission released its "Report on Cohabitation" on November 2, 2022. Following a protracted consultation process with lawyers, academics, the general public, and decision-makers, the paper explores how the current law governing cohabitants' rights upon separation might be amended.

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What are my rights? Parental rights and responsibilities of a father in Scotland


What do parental rights and responsibilities entail? (PRRs)

Parents have a variety of obligations and rights regarding their children, including the duty and the right to protect and advance the health, welfare, and development of the child, have a say in where the child lives, participate in their upbringing, serve as the child's legal guardian, and always act in the best interests of the child.

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Best interest of the child or the environment?


Family lawyers in Scotland will be familiar with the "bible" known as Greens Family Law, but how environmentally friendly (or unfriendly) is family law?

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Specific Issue Orders and other common questions on children and family law


When a child is involved in a difficult dispute, a court order could be necessary to settle the matter. Here are the "specifics" on particular issue orders, regardless of whether the situation involves school, holidays, relocation, or medical intervention.

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