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What Makes For Good Involved Parenting? Research Shows its the Relationship Between Parents That Counts

By McCarthy Law October 21, 2014 Family Law Advice

New research on how fathers’ interactions with their children is affected by the relationship they have with their partner again draws attention to the importance of parental co-operation during and after separation.

Published by NatCen Social Research, the Institute of Education’s Thomas Coram Research Unit and the University of East Anglia (UEA), the research shows that fractious relationships between parents spill over into the relationships they have with their children – when parents don’t get on and find each other irritating or regretful of their relationship, they are more likely to shout at their children rather than praise them.

The research adds to a body of expert opinion that of all the consequences of a relationship breaking down, conflict and hostility between former partners most negatively affects children.

Children in Separation, Divorce or Dissolution

When a relationship ends, negative feelings are understandable. Deciding issues concerning children can be particularly difficult and distressing, often causing intense arguments and hostility between separated couples.

Yet coming to an agreement about where children should live and how often there should be contact, that allows both parents to continue a meaningful relationship with them, is important for ensuring their well-being. Avoiding trying to settle problems in front of them and putting them in stressful situations can also help children to adapt to separation more quickly.

When faced with making arrangements concerning children in separation, divorce or dissolution, mediation or collaborative processes can provide an environment for coming to a decision that both parents accept. Such conciliatory approaches are valuable ways of resolving issues relating to children without going through a lengthy and costly court process. Perhaps most importantly, it provides a space to deal with the fall-out of the end of a relationship and helps to improve communication between the parties so they can have a relationship as co-parents.

Family Lawyers in Scotland

At McCarthy Law, we understand how difficult the end of a relationship can be, particularly when children are involved. We take the time to listen to our clients and find the best possible solution. If you need advice and assistance on any matter relating to the breakdown of your relationship, then please contact us by calling 0141 337 6678 or by filling out our enquiry form.

Road Traffic Claims: What To Do In An Accident

By McCarthy Law October 13, 2014 Road Traffic Claims

Being in a road traffic accident is an unnerving and unfamiliar experience for most. Although the shock may settle in quickly it is important to think clearly during these situations as your immediate actions may have knock-on legal consequences. Firstly, some safety tips are:

  • If it is drivable, move your car to a safe distance but do not leave the accident scene.
  • Check to see if anyone is hurt and call emergency services as necessary.
  • Contact the police and enquire if they need to send an officer to review the accident.

After you’re sure you and others are safe some key points to remember in this situation are:

  • Do not admit fault at the scene. This can have significant implications if brought up during later proceedings.
  • Exchange names, contact numbers and insurance information with the other drivers. If possible, get details of any witnesses to the incident. If a party refused to give you their details then information can be retrieved through their vehicle registration number.
  • Make sure you inform your insurer about the incident at the earliest possible time, even if you don’t intend to claim. Failure to do so may invalidate your cover. This will also allow up-to-date information on your well-being and your vehicles condition that may be useful at a later date.
  • If someone is injured, show the attending police your insurance certificate or cover note at the scene. This will allow them to take note that, regardless of blame, that you are appropriately insured. If you don’t have these documents at the scene then take them to the police station within seven days.
  • Take photographs of the incident for reference as you may be able to rely on them as evidence should you need to make a claim.

What if the driver isn’t insured or can’t be identified?

If the other driver(s) have no insurance you may still be able to claim on your own if you have comprehensive cover. Additionally, the Motor Insurers Bureau may be able to settle your claim even if the other driver is uninsured.

However, you will be unable to make a claim if you are an injured passenger of an uninsured driver and you know, or reasonably should have know, that they weren’t insured.

Can I have my car repaired?

Seek written permission from your insurer before commissioning the repair work for your car. They may wish to document the damages in order to further your claim before repair work starts or even use their approved repair service. This should again seek permission to have repair work done even if they tell you to seek your own estimates.

Additionally, you may need to pay some of the repair cost if the vehicle is in a better condition after the repairs than it was before the incident.

What if my car needs to be written-off?

If the damage of your car is so severe that it would be uneconomical for your insurer to repair it then it will be “written-off” and you should be offered your car’s market value at the time of the accident.

If you wish to dispute the amount you’re offered you will need to provide the insurer evidence that the vehicle is worth more. Evidence for this may be taken from similar local cars for sale in the area or from an independent qualified engineer.

Your insurer must get your consent to process your written-off car for scrap. Should they fail and decide not to settle your claim then you are entitled to claim the salvage value of the vehicle.

What’s Next?

Following the incident, there are several different routes to take depending on individual circumstances. The above points will provide you some piece of mind that you are in a good position regardless of what steps are next.

 

Road Traffic Claims Lawyers in Glasgow, Scotland

At McCarthy Law, we can give advice on all aspects of road traffic accident claims. Contact us today by calling 0141 337 6678 or by filling out our enquiry form.

Planning Your Own Funeral Arrangements

By McCarthy Law September 25, 2014 Wills

The importance of drawing up a will cannot be understated – they ensure that your wishes and your loved ones are protected when you die and prevent legal rules being applied which may not be suitable.

Making sure family, friends and, in some cases, pets are provided for is normally the priority, but wills can also include details about how you would like to be treated when you die.

Making funeral requests in advance, such as how your body will be disposed of and how a funeral should be conducted, can take much of the pressure of those you leave behind. Here we think about how the freedom to make a will applies to funeral arrangements, and some of the legal restrictions that can affect what you have in mind.

Specific requests concerning funeral arrangements are often made in a written document that is attached to a will. They can set out a number of different requests, such as:

  • whether the individual is to be cremated or buried;
  • where the final place of rest will be;
  • whether a funeral service will be secular or religious;
  • what clothes the deceased will wear during the service;
  • what the content of the service will be such, such as music or readings;
  • whether there should be flowers.

In most cases, burial requests will be respected and upheld – under Scots law burial bequests are considered an exception to the general rule that wills must confer a beneficial interest on a living person. However, there are a few limitations. For instance, there are limits on where a body can be disposed of due to environmental, burial ground and cremation laws and regulations.

Funeral expenses take priority over other debts on the estate provided they are reasonable and not too extravagant. However, where the estate cannot cover the costs, loved ones may have to pay. To avoid this situation and alleviate potential financial pressures on those left behind, it is possible to take out a prepayment plan to guarantee the costs will be covered.

Wills, Executry & Probate Lawyers in Glasgow

If you would like more information about planning your own funeral arrangements in a will, or wish to have a will drafted or amended, McCarthy Law can help. To speak to one of our friendly Glasgow-based lawyers, please call 0141 337 6678 or complete our online enquiry form.

Divorce Agreements :Wife Granted Permission to appeal to Supreme Court

By McCarthy Law September 8, 2014 Civil Law, Divorce, Family Law Advice

The former wife of an entrepreneur has been given permission to appeal her previous divorce agreement after it was discovered that her former husband had misled her and the court during the agreement proceedings.

Mrs Sharland has decided to appeal against the decision of the Court of Appeal not to set aside the agreement on the grounds as Mr Sharland led the High Court and Mrs Sharland to believe that his company was worth significantly less than its actual value .

The Supreme Court has given the permission to appeal the decision as they have determined that it raises a point of public importance. The case will be heard in June 2015.

Facts of the Case

Mr and Mrs Sharland were married for 17 years before separating. The final hearing to determine how their assets were to be divided was held in the High Court.

During the proceedings and agreement was reached whereby Mrs Sharland would receive £10.355 million of cash and properties and Mr Sharland would be given £5.64 million of cash and properties.

On top of this, both parties were to take a share of the profit from the sale of the shares in Mr Sharlands business – Mr Sharland was to receive a significantly larger share.

During the proceedings the company had been valued at between £31.5m and £47.25m.

The agreement was approved by judge, Sir Hugh Bennett.

However, before the order had even been sealed it came to light that the company may be have a much greater value than that cited in the High Court.

Financial press reports indicated upwards of £700 million – even up to £1 billion.

Furthermore, an initial public offering (IPO) was being prepared for the business – contrary to evidence given by Mr Sharland during the proceedings.

Due to this misrepresentation, Mrs Sharland sought to have the agreement set aside. The judge Sir Hugh Bennet determined that Mr Sharland had knowingly concealed information and had also lied to the court – but refused to set aside the agreement. The reasoning behind this was that the judge believed that the court order would not have been substantially different had the court been aware of these facts – Mr Sharland also gave evidence accepted by the court that the IPO had been put on hold.


Mrs Sharland appealed but two out of the three Court of Appeal judges agreed with and upheld Sir Hugh’s decision.  They determined that although Mr Sharland’s actions had been on purpose and inherently dishonest, his behaviour proved not to be “material” to how the case would be determined.

Mr Sharland argued that Mrs Sharland would not have been awarded a substantially greater amount had the court known the true value of the company.

Mrs Sharland was ordered to pay Mr Sharland’s legal costs for the appeal.

The case will now be given consideration in the Supreme Court – the highest level of appeal in the UK. The main point to be considered by the Supreme Court is whether the deliberate fraud by Mr Sharland should be allowed to underpin the agreement enetered into by Mrs Sharland – who believed she was receiving half of the matrimonial assets, when in fact, the amount given to her was much less.

The case will be heard by the Supreme court in June 2015.

Divorce and Separation Lawyers in Glasgow, Scotland

At McCarthy Law, we can give advice on all aspects of divorce and separation – including divorce and separation agreements. We can also advise on any other family law matter   whether you are looking for advice on child law, parental rights and responsibilities or marriage,  we can help. Contact us today by calling 0141 337 6678 or by filling out our enquiry form.

What Happens When I Move in With my Partner?

By McCarthy Law August 29, 2014 Uncategorized

Whilst many people are concerned about the everyday implications of moving in with a partner, very few consider the legal implications until an issue arises or circumstances change.

This blog post considers some of the most common legal issues and concerns with moving in with a significant other.

When will be considered legal cohabitants?


Not everyone who lives together is a cohabitant in the legal sense. You and your partner will be considered to be cohabitants if you live together as if you were husband and wife, or civil partners.

The law will look at each case on its individual merits and there is no minimum time period for being considered to be cohabitants.

The law will consider;
• Living arrangements
• Financial arrangements (do you have a mutual funds or do you both live independent financial lives?)
• Children

If we live between two separately owned houses, are we cohabitants?

Even if you and your partner own separate houses but both live between the two of them. You could be considered cohabitants. The law describes a cohabitant as a person who is living with another as though they were husband and wife or civil partners. The emphasis is on the relationship itself and not whether you live between one or two homes.

The question of whether or not you are a cohabitant depends more on the quality of your relationship than whether you live between one or two homes

Are there any benefits to being married over cohabiting?

There are some financial benefits to being married, however these will only be beneficial if you are in a relationship that is likely to last.

There is no capital gains tax or inheritance tax payable on transfers between spouses. Inheritence tax may be most relevant where a home is owned jointly by the spouses. When one spouse dies and the home is transferred to the surviving spouse, no inheritance tax is payable.

However, if the marriage does not last there can be very serious financial consequences for married couples. The wealthier spouse may have to pay the other spouse a capital sum, maintenance allowance or even give them the matrimonial home.

What happens if my cohabitee moves out and stops paying?

Where the accounts for bills and utilities are in joint names, creditors can chase either cohabitee for payment.

It is an option to raise a court action in order to force your partner to pay or make contribution to bills. However, the action may be costly and it will usually not be worth it for household bills – all of which may not be covered.

I live in my partner’s house and we are separating, do I have any rights?

Where the house is in the name of one of the partners, the other partner does not have much in the way of rights. You may be able to apply to the court for occupancy rights (the right to stay in the home). An order which grants you occupancy rights can only remain in place for 6 months and will be dependent on your circumstances.

Marriage and Cohabitation Advice Scotland

At McCarthy Law, we know just how complex family life can be. Therefore whether you are looking for advice on child law, parental rights and responsibilities, marriage, divorce or another family law matter altogether, we can help.

Contact us today by calling 0141 337 6678 or by filling out our enquiry form.

Grandparents: How can I ensure contact with my grandchildren?

By McCarthy Law August 18, 2014 Family Law Advice

Around 9500 couples divorced in Scotland last year. Research by family-focussed charities has shown that around 40% of grandparents lose contact with their grandchildren when divorce is involved. Furthermore, many grandparents lose contact simply because of a breakdown in family relationships with the child’s parents.

This is a sad fact for the many loving grandparents who lose contact with grandchildren they have often been very close to, through no fault of their own.

The Government has produced a Charter for Grandchildren which highlights the very valuable role played by grandparents in the lives of their grandchildren however this does not grant grandparents any automatic contact rights.

Do I have a legal right to see my grandchild?

Grandparents do not have an automatic right to contact with their grandchildren. However, in some circumstances, the courts recognise that the childs grandparents play an important part in their lives and that they may have a role in maintaining contact with the childs wider family, helping them to live happier lives.

In most cases, consistent and regular contact with grandparents is greatly beneficial to the child’s life. In these circumstances, children should always have the opportunity to see their grandparents.

Can I get a court order to see my grandchild?

In Scots law, it is possible for a grandparent to make an application to the court to have contact with their grandchildren.

The courts will apply the same test as for a natural parent seeking child contact – court makes the child’s welfare the paramount concern in their consideration of the order. The court will not make the order unless it considers it would be better for the child.

Should I get a court order to see my grandchild?

Court should be a last resort in the event that you are being denied contact. However, it is important that you do not let too much time pass without seeing your grandchildren. The more time that passes without contact, the easier the argument for the parent denying contact will be for the fact that they may have forgotten you and reintroducing you to their lives may be disruptive, unsettling, confusing or some other similar argument in this vain.

Before raising a court action for contact, it is important that you discuss with a solicitor the cost of such an action. It may be the case that the threat of court action is enough to convince the parent denying you the right to see your grandchild to allow you some form of contact and negotiation can be made from there as to some form of agreement.
If at all possible, try to maintain good relations with the parent and highlight that you could be a very good asset to the parent as well as your grandchild. A recent survey by Growing Up in Scotland survey for the Scottish Government outlined that 69% of families rely on grandparents for childcare. This could save the parent a great deal on child care and allow you the contact with your grandchild that you long for, enriching your life and theirs.

Family Breakdown Lawyers in Glasgow, Scotland

At McCarthy Law, we know just how complex family life can be. Therefore whether you are looking for advice on child law, parental rights and responsibilities, marriage, divorce or another family law matter altogether, we can help. Contact us today by calling 0141 337 6678 or by filling out our enquiry form.

Are Britain’s Broken Homes a Problem for Children?

By Kathleen McCarthy July 23, 2014 Family Law Advice

The Centre for Social Justice (CSJ) has released a report criticising the government for what it calls the growing culture of “disposable dads” in the UK.

According to the report, around a million children are growing up without meaningful contact with their fathers, and 43 per cent of 15 year olds are currently living without a father.

The number of single parent families has risen by 20,000 each year between 2010 and 2013. Not only are these children losing their fathers, but the CSJ predicts that one million children in the UK lose contact with grandparents as a consequence of separation or divorce.

These figures show that the Government is “sleepwalking into a family breakdown crisis”, according to Dr Samantha Callan who co-wrote the report and calls for improving family stability to be a priority. She suggests that strong and lasting relationships with both parents are in the best interests of children, so strengthening the role of fathers in society is essential to promote family values and stop the disposable dad culture, the CSJ believes.

There is also an apparent link between these “broken homes” and poverty – the report showed that three-quarters of families in the poorest areas of the UK have a lone parent. The CSJ’s director, Christian Guy, said, “For too long family breakdown has gone unchallenged despite the devastating impact it has on adults, children and communities.”

Next year, the Government will be introducing a £1,000 Transferable Tax Allowance for married couples, which could reduce their annual tax bill by up to £200. Although the CSJ welcomes this move, they believe the bar has been set too low and should be set at £2,000, significantly increasing the incentive for couples to get married.

The CSJ has said that the promotion of marriage is needed to keep more families together, as their research shows that parents who cohabit are around three times more likely than married parents to have separated by the time the child is five years old, which is a factor causing the “breakdown crisis”.

There is however no easy formula to bringing up a child, and certainly by no means will a marriage automatically transform a couple into better parents overnight. Perhaps simply focusing on the best interests of every child – whether a child be with one parent or two – is a more appropriate focus to take, rather than attempting to re-institutionalise marriage as the default way to successfully bring a child, when it seems clear that marriage is no longer as symbolically important today as it once was.

Family Breakdown Lawyers in Glasgow, Scotland

At McCarthy Law, we know just how complex family life can be. Therefore whether you are looking for advice on child law, parental rights and responsibilities, marriage, divorce or another family law matter altogether, we can help. Contact us today by calling 0141 337 6678 or by filling out our enquiry form.

Can Adults without Capacity Divorce?

By Kathleen McCarthy July 14, 2014 Family Law Advice

What happens when a person becomes incapable of managing their affairs? Can their guardian raise divorce proceedings?

When an adult lacks the capacity to make decisions or take action in relation to their property, finances or personal welfare, a guardian may be appointed to act on their behalf. When a guardian is appointed by the court, they are given specific functions and duties they have in relation to that person’s affairs, including the general power to raise or defend any court actions.

Can adults without capacity divorce?

But what happens when a guardian seeks to divorce on behalf of a person with incapacity? Is it within their general powers to do so, or must they have a specific power? The Sheriff Court considered this very issue in GWS qua Guardian of JH v KH.

In this case, a husband and wife had separated, but only a few years later the husband was involved in an accident that caused him very serious injuries. Because of the extent of his injuries, he was no longer capable of making decisions over his own affairs, leading to the appointment of a guardian. The guardian decided to bring an action of divorce on behalf of the husband in order to manage the husband’s financial affairs.

The wife did not want to be divorced and argued that the guardian had no general power to bring the action and end the marriage. According to the wife, if a guardian wishes to divorce on behalf of an adult without capacity, they must apply for a specific power under section 64(1)(c) of the Adults with Incapacity (Scotland) Act 2000.

The Sheriff agreed with the wife and held that to raise an action of divorce, a guardian must have been granted the specific power to do so before raising divorce proceedings. Although guardians have capacity to act on behalf of the adult, they can only do so insofar as authorised by their powers. As divorce did not fall under a general power to litigate, and the guardian in this case had failed to apply to the court for the power, the case had to be dismissed and the divorce refused.

This case is a strong reminder that guardians cannot rely on the general power to raise or defend court proceedings when seeking to pursue divorce proceedings in the name of an adult lacking capacity. In order to do so, they must first apply to the court for certain and specific powers under the 2000 Act to pursue or defend an action of declarator of nullity of marriage or of divorce or separation. Only once these powers are granted will they be able to raise an action on behalf of the adult with incapacity.

Adults with Incapacity Advice Scotland

At McCarthy Law, we can help you with any guardianship or capacity issue. Whether you are concerned about a family member or looking for advice about managing a loved one’s affairs, we can help. Contact us today.

Call us on 0141 337 6678 or fill out our enquiry form.

Fatal Accident Inquiry in Scotland: Why family members should have their own lawyer to represent their interests.

By Kathleen McCarthy July 9, 2014 Civil Law

Most people have limited experience of legal proceedings and for this reason when they do become involved in such matters the experience can be daunting and possibly overwhelming. This is all the more so when the hearing is in relation to the death of a loved one as will be the case with family members involved in a Fatal Accident Inquiry.

Fatal Accident Inquiry – Legal Representation by a Lawyer

The Procurator Fiscal deals with the investigation and initiation of proceedings. Families are kept advised but the Fiscal has a wide range of responsibilities in preparing for and conducting an FAI. Separate representation for the family can bring a more direct line of communication for grieving relatives and greater reassurance that their concerns will be articulated during the hearing. Hearings can involve complex health and safety issues, legislation, court rules and procedures. There can be a number of expert witnesses involved using unfamiliar and technical terms which can be explained by your Solicitor.

Important evidence can come out at the Inquiry and family members often wish to be present and represented. A Fatal Accident Inquiry has the main aim of attempting to establish the circumstances that led to the death of the person, rather than establishing blame. It can be confusing for the family particularly if there is more than one body open to criticism.

Often at Fatal Accident Inquiries corporate bodies who have an interest in the case , such as the employer if the death occurred in a workplace are generally present and have their own expert Solicitor there to protect and promote their interests. An unrepresented family can often feel that there is an imbalance in questioning when other people or bodies seem to have lawyers acting for them when there is no one specifically present to represent them.

Legal Aid for a Fatal Accident Inquiry

Legal Aid is available for the Inquiry (FAI), subject to the usual affordability tests. If you wish to check whether or not you (or indeed another family member) may qualify for legal aid then please contact us. We are happy to check whether or not you qualify for legal aid without obligation or fee.

At McCarthy Law we have experience of dealing with Fatal Accident Inquiries and representing families, we know the procedures and the technical language. We are happy to discuss to see if we can assist you with your legal needs.

Call us on 0141 337 6678 or fill out our enquiry form.

Record Number of Children Matched With Adoptive Parents

By Kathleen McCarthy June 24, 2014 Family Law Advice

The British Association for Adoption & Fostering (BAAF), the country’s leading charity for children separated from their birth parents, had a record year in 2013-14, by matching 1,023 children with adoptive families.

This is a significant jump from the previous year (2012-13), during which the organisation helped find families for approximately 700 children.

The increase is thought to be due to more children waiting to be adopted, coupled with the greatly improved adoption services throughout the UK. With particular reference to Scotland, 58 of the matches were achieved through the Adoption Register for Scotland whilst, Consortia matched 14.

Commenting on their record year, BAAF’s Interim Chief Executive, Barbara Hutchinson said: “This is tremendous news for the children whose lives will be turned around by moving into stable, loving adoptive families. BAAF is proud to have been able to play a major part in bringing this about.”

Contact McCarthy Law for Adoption Advice in Scotland

Whether you need help in relation to an adoption or another family law matter, Kathleen McCarthy understands that choosing the right family lawyer, is a difficult decision. To discuss how she can help you, call Kathleen on 0141 337 6678. Alternatively, please fill out our online enquiry form.