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Coronavirus update: business as usual

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We are still open throughout the ongoing Coronavirus pandemic. 

Family law is still a vital aspect of many of our lives, and the courts will still handle urgent business. The Courts have stated that that urgent business includes: 

  • New applications for child protection orders
  • Interim interdicts
  • child referral appeals
  • urgent adoptions
  • urgent interim residence or contact applications 
  • and urgent applications in relation to Adults with Incapacity.

This means many cases can still proceed through court including urgent disputes regarding the living arrangements of children, social work cases and more. 

Many cases can be progressed as normal outside of court.  In particular, separation and divorce matters can often be finalised without any court intervention whatsoever.

Since our founding we have operated a paperless way of working.  We are able to progress the cases of new and existing clients remotely during these unprecedented times.  We can receive documents via email, WhatsApp and more.  We can offer appointments by telephone, FaceTime, Skype, WhatsApp or Zoom. 

Please contact our office on 0141 404 6575  to arrange an appointment to discuss the best approach for your case.

 

Mother's Rights Lawyers, Glasgow

The law in relation to a mother’s rights in relation to her child is currently very clear. The woman who carries the child in pregnancy and gives birth to the child is always the legal mother of the child.

The law does recognise however that there can be circumstances where more than one woman may wish to be recognised as the mother of a child. For example, cases of assisted reproduction (including IVF) and surrogacy. In this context, there are ways for a woman other than the child’s birth mother to acquire legal status as the mother of the child. The law in this area is extremely complex and we recommend that if you are planning on having a child by assisted reproduction, IVF or surrogacy and are in any way uncertain of your rights, you seek expert legal advice. Our Family Law Solicitors will be happy to assist you. In some cases, we may be able to act on legal aid funding.

In other circumstances, there may be women involved in caring for the child who do not wish to be legally recognised as the mother of the child but do wish to have parental rights and responsibilities for the child. This could include family members who are heavily involved in caring for a child or a guardian who cares for a child when the birth mother is unable to do so.

In these circumstances, broadly speaking, there are two ways for such women to acquire parental rights and responsibilities for a child:

  1. By entering into a formal legal agreement with the child’s mother or the child’s guardian.
  2. By obtaining Court orders, granting parental rights and responsibilities. 

The Children (Scotland) Act 1995 provides that where a person has never had parental rights and responsibilities in respect of a child but claims an interest, that person is entitled to apply to the Court for orders in relation to the child. Such orders could include an order granting parental rights and responsibilities, an order regulating where the child is to live or orders regulating contact between the child and the person seeking the order. It is important to remember that the paramount concern for the Court in such cases is focused on the best interests of the child.

Contact our Family Lawyers Glasgow, Coatbridge, Airdrie, Shetland

Whatever your circumstances, if you are seeking to be recognised as the legal mother of a child or are seeking parental rights and responsibilities, we can help. In many cases, we can act on legal aid funding. Contact our Family Law Solicitors today for the friendly, professional legal advice you need.

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"Very positive experience from start to finish. I found Michael to be a very calming influence during a difficult period in my life. I was instantly put at ease and I had 100% confidence in Michael. From the outset, his knowledge and experience reassures you that you are in safe hands. Communication throughout the process was excellent, very clear and I had regular updates on the progress of my case. I couldn't be happier, I was delighted with the outcome and I would highly recommend Michael and Thompson Family Law."

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