Children and Family

BTO Family Law Team / September 25, 2023

Sophie Turner v Joe Jonas – When Everything is Not So Perfectly Fine

Sophie Turner files wrongful retention court proceedings against Joe Jonas, requesting that their children be returned to the UK.

You know what they say, a week is a long time in show business. In that short space of time the highly publicised divorce of Sophie Turner and Joe Jonas has gone from “amicable” to not so Perfectly Fine as she has today (Friday, 22 September) filed papers in the UK asserting that their children are being wrongfully retained in New York City and seeking their return to live with her in the UK.

BTO Family Law Team / September 22, 2023

Arbitration: A Smarter Alternative to Court

On Monday 25 September 2023, the statutory instrument making amendments to the Ordinary Cause Rules 1993 comes into force. This changes the procedure for defended family actions in a wholesale manner, replacing the existing procedure with rules heavily focused on case management.

BTO Family Law Team / March 8, 2023

International Women’s Day – How far have we come?

Described as “a global day celebrating the social, economic, cultural, and political achievements of women”, International Women’s Day is a fantastic opportunity for women across the world to pause and reflect on how far we have come, and how far we still have to go, in achieving gender equality.

BTO Family Law Team / February 13, 2023

Domestic violence and children

The news of the deaths of Emma Pattison and her daughter Lettie, believed to be at the hands of Emma’s husband and Lettie’s father, has led to shock waves and widespread condemnation in the media and society. In her tribute to her friend and colleague the head of the Girls Day School Trust, Cheryl Giovannoni, made the chilling comment that ‘it doesn’t matter how brilliant or successful a woman is she is only as safe as her male partner allows her to be’. Her comment highlights the fact that domestic abuse has no niche and indeed transcends society. It also brings into sharp focus the fact that in many instances children are not protected in these relationships and indeed can be victims themselves. This interplay between domestic abuse and child contact is the subject of a study by the Scottish Centre for Crime and Justice Research published just this month.

Kirsty McGuinness / November 3, 2022

Cohabitation reform – The Scottish Law Commission’s recommendations

Yesterday, the Scottish Law Commission (“the SLC”) published its eagerly awaited (in legal circles anyway!) Report on Cohabitation. As anticipated, the report recommends fairly significant reforms to the law relating to cohabitants’ claims on separation. Here, some of those recommendations are highlighted.

Lesley Gordon / July 20, 2022

If my partner dies, can I use our embryo in surrogacy treatment?

It’s What She Would Have Wanted!

A landmark High Court judgment, Jennings v Human Fertilisation and Embryology Authority 2022 EWHC 1619 Fam, ruled that a husband could lawfully use the embryo created using his sperm and the eggs of his late wife in treatment with a surrogate without the written consent of his late wife.

BTO Family Law Team / July 1, 2022

How do separated parents do holidays?

School’s out for summer

Holidays are here again…The start of the summer holidays marks great excitement for many children across Scotland this week. However, some of their parents may not feel the same way. Holiday time can be very stressful for parents and carers who can be juggling work and/or other commitments with providing care for their children. It can be particularly difficult for parents who are separated. When organising holidays these parents may be trying to accommodate not only their own schedules, those of their children and their former partners, but potentially also those of any new partners, their children and the new partners’ former partners! It can, therefore, all become very overwhelming.

Kirstine Macrae / May 10, 2022

Do I need a letter of consent to take my child abroad?

Summer 2022 is expected to be a boom season for families travelling abroad after the pandemic and restrictions put paid to many holiday plans for two years running.

Kirstine Macrae / December 22, 2021

Top Tips for Facilitating Handovers

This time of year, during the festive period, can often be particularly difficult for parents who are separated. The prospect of not spending the whole of your child’s Christmas celebrations with them can be daunting and highly emotional. This can understandably lead to tension between you and your ex-partner. In order to minimise the acrimony your child is exposed to when they are moving between their parents, we have noted some useful guidance, which may be of assistance where cases involve direct handover, below:

Lesley Gordon / July 23, 2021

The Importance of Children’s Views

Parents who have separated can, understandably, often find it very difficult to come to an agreement about the care arrangements for their children. So what happens if they simply cannot agree? Do they have to end up in an acrimonious court battle?