Importance of grandparents may be behind changes to Children’s Act in Scotland

09 Aug 2021

Writing for The Scotsman this month, Family Law Solicitor Alison Nicol addresses the importance of grandparents with regards to changes to the Children’s Act in Scotland. In recognition, perhaps, of the increasing role played by grandparents in the lives of their grandchildren, the factors which a Scottish court must regard when considering making an order on with whom a child should live or otherwise spend time with are changing. 

This change is one of the reforms being brought about by the Children (Scotland) Act 2020, the main provisions of which are likely to be implemented in the coming months. 

Alison goes on to say:

"Matters that are not changing include that the court must always regard the welfare of the child as its paramount consideration and must not make any order unless that would be better for the child than no order being made. So, the child’s welfare prevails over all other considerations and the court should not intervene unless intervention would improve the child’s welfare. In Scots law, a child is a person under the age of 16, which definition is also not changing under the new law."

To read Alison's full article, please click here.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of BLM. Specialist legal advice should always be sought in any particular case.

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