Registration and coffee
Family: Shaping New Law into Solution-Focused Answers for Clients
Wed 27 September 2017
The Playfair Building Surgeons' Hall, Nicolson St Edinburgh EH8 9DW
Answers to 10 Thorny Questions: Directly from 8 of Scotland's Most Experienced Lawyers
5hrs CPD
This conference is now over
Schedule
Chair's Introduction
Family: Shaping New Law into Solution-Focused Answers for Clients
Chaired by: Sheriff Wendy Sheehan
Wendy is a specialist family and adoption sheriff in Edinburgh. She is a founding director of niche family law practice, SKO Family.
Setting aside agreements and orders
What would move the court to set aside agreements and orders, because of (1) dishonesty or material non-disclosure, (2) bad legal advice, or (3) significant change in circumstances?
Answered by: Philippa Cunniff of Gilson Gray
Philippa is "especially well regarded for her work on high-stakes divorce". She is "sharp, clever and practical" and brings a huge number of cases to the table.
Intractable contact
In intractable contact cases, how do you balance the voice of the child with that of resident parents doing their level best (1) to ensure compliance or (2) discourage it?
Answered by: Amanda Masson of Harper Macleod
Amanda is regularly instructed by the Glasgow Sheriff Court to prepare bar reports in child welfare cases. She is a trained Childline Volunteer Counsellor.
Morning coffee
Cohabitation
Why are the Courts making significant financial awards to cohabiting parties who have contributed little and suffered little or no economic disadvantage?
Answered by: Shona Smith of Balfour & Manson
Shona is a "trailblazer" - she "excels in her field". She is Co-editor of "Greens Family Law Bulletin" and past Chair of the Family Law Association.
Child evidence
With reference to relocation and alienation cases, when and with what frequency are the courts requiring children to give evidence?
Answered by: Siobhan Kelly of BLM
Siobhan frequently acts as curator to children in litigations and reports to the Court on the future arrangements for their care. She is "tough, empathetic and brilliant".
Over-run
Lunch
Pension sharing
How should you share the value of pensions on divorce or separation?
Answered by: Richard Smith of Brodies
Richard is "straightforward, no-nonsense and simply superb". He regularly acts on complicated, high-value financial provision cases.
Difficult finances
How do you protect a client faced with a spouse in difficult financial circumstances, e.g. pending bankruptcy or IVA or mortgaged to hilt with money lost on failed ventures?
Answered by: Frank Burr of Arnot Manderson Advocates
Frank is regularly instructed in financial provision cases and “is able to extract pertinent details in a very short timeframe”. He “exudes confidence and gravitas and is someone you want to listen to”.
Relocation
How are the courts balancing change versus the child being settled in placement, i.e. in international relocation for lengthy periods?
Answered by: John Fotheringham of Morton Fraser
John is "the guru for child support cases". He is General Editor of "Butterworth's Family Law Service" and a Contributor to "Wilkinson & Norrie: Parent & Child".
Over-run
Close of conference
** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500