Family and Relationships Online CPD

Learning Outcomes:

• Determining jurisdiction
• Calculation and miscalculation of liability
• Top-up
• Shared care
• The use of the ‘just and equitable’ test
• Treatment of capital assets
• Child support practice

Speaker:

John Fotheringham, Consultant Solicitor, Flexlaw Ltd
John has been a solicitor for 43 years and is recognised as an expert in the sphere of child and family law, particularly in respect of child support and aliment. He has been involved with every aspect of Child Support since the inception of the CSA in 1993 as advisor, as Tribunal Chairman and as representative on behalf of many mothers and as many fathers. He has lectured on the topics of child support and aliment to audiences of lawyers in Scotland and England and to students at Edinburgh University. He is the General Editor of the Butterworth Scottish Family Law Service and writes its child support material.

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Learning Outcomes:

• Residence, contact and ‘shared care’: the key issues
• The rights of siblings and other family members in contact cases
• Obtaining the view of children in court: update and practical guidance
  

Speaker:

Kirsty McGuinness, Associate, Turcan Connell
Kirsty has experience in all areas of family law, representing clients throughout Scotland. She has practiced family law exclusively for eleven years, with experience in both the Sheriff Courts and Court of Session. She is a qualified collaborative family lawyer, and she was previously a member of the Legal Group within the British Association for Adoption and Fostering Scotland and of the Children’s Panel in North Lanarkshire. She previously served as the Family Law Association’s secretary.

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This module looks at heritable property within the context of relationship breakdown, with particular attention to:

• Principles of family law impacting upon acquisition of residential property
• Gifts, "the bank of Mum and Dad" and other complex scenarios: How best to advise your clients

Speaker:

Robert Gilmour, Director, SKO Family Law Specialists
Robert is accredited by the Law Society of Scotland as a specialist in Family Law and as a Family Mediator. He is also a FLAGS Family Law Arbitrator. Robert’s practice covers the full range of family law matters, and has particular expertise in the areas of cohabitant claims and surrogacy and artificial reproductive technology. He advises medical professionals and individuals in relation to Human Fertilisation and Embryology Act matters arising from the HFEA legal parenthood audit in 2014. He has written on and provided commentary to the media on both subjects.

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Learning Outcomes:

• The principle of fair sharing of matrimonial property in the Family Law (Scotland) Act 1985: assessing the meaning of ‘fair’
• Case law discussion
• Special circumstances in practice: determining the threshold and practical examples
• Financial advantages and disadvantages
• Non matrimonial assets
  

Speakers:

Anne Hall Dick, Family Mediator, Inkdance Family Mediation
Anne was a family law specialist and accredited family mediator until retiring from legal practice in 2017. She now works freelance as a family mediator, trainer, consultant and writer under the name ‘Inkdance Family Mediation’ which allows her to continue to indulge her enthusiasm for dispute resolution and black letter family law. Anne is part of the training team for the Portfolio which provides training for Collaborative Practice and Mediation. She is a consultant for Brewin Dolphin, helping to build as much shared understanding as possible when professionals are advising about financial provision.

Carolyn MacBride, Accredited Specialist in Family Law, MTM Family Law LLP
Carolyn has over 20 years’ experience as an accredited specialist family lawyer and 40 years experience as a solicitor, covering the full range of family law matters, including Divorce, separation, civil partnership, financial provision on separation and divorce, Child Support, residence and contact, child relocation issues, pre-nuptial agreements, cohabitation agreements and cohabitant claims. Carolyn is Accredited by the Law Society of Scotland as a specialist in Family Law since 1995, and has both lectured on and contributed media articles on family law issues.

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Learning Outcomes:

What do you need to keep in mind about the English law of divorce, and how does it compare to the law in Scotland? The differences between the two jurisdictions in relation to divorce and financial provisions are substantial, touching upon key issues involving – among others – grounds for divorce, separation periods, spousal maintenance and pre-nuptial agreements. This module will offer expert insight on:

• The rules on jurisdiction between Scotland and England (now and post-Brexit);
• The key principles informing the English law on divorce and finances;
• The main differences between the two jurisdictions and their implications;
• The practical considerations to keep in mind in assessing whether the English or Scottish court might be better for your clients.

Please note: law at February 2020.

Speakers:

Lucia Clark, Partner, Morton Fraser
Lucia is a Partner in Morton Fraser’s Family Law team based in Edinburgh. Lucia is dually qualified in Scotland and England & Wales, and has particular expertise in resolving financial disputes arising from divorce or separation. She regularly advises clients in complex cross-border cases and on matters of jurisdiction, and acts for clients both in Scotland and under English law or in the English courts. Lucia is accredited specialist in Family Law by the Law Society of Scotland.

Savita Sharma, Consultant Solicitor, Morton Fraser
Savita is Dual Qualified (Scotland, England and Wales) with strong bias towards pure English Family and Child (Private and International) Proceedings having practiced in England and Wales since 1995 and Scotland since 2015. Savita is an Advanced member of the Law Society’s family panel and is an accredited specialist in Matrimonial Finance and Private Children work. Savita specialises in all aspects of English divorce and linked financial proceedings. She deals with the full range of matters from high value and complex matrimonial finance cases to the more modest financial matters.

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The Adults with Incapacity (Scotland) Act 2000 has a major place in relevant law with no equivalent in relation to elder clients, but relevant law and practice forms two broad circles of interest for legal practitioners, which overlap. This modules comes with two resource papers of materials relevant to Mental Health (Care and Treatment (Scotland) Act 2003, Adult Support and Protection (Scotland) Act 2007, potential intersection with all other areas of law, the use of, and contrast between, voluntary measures (previously described as anticipatory measures) and involuntary measures (previously described as responsive measures) and third party measures.

Learning outcomes:

• Development of law and practice to date
• Good practice now
• Likely future developments

Speaker:

Adrian D Ward MBE, National and international specialist in law for people with cognitive and volitional impairments, and Convener of the Mental Health and Disability Sub-committee, Law Society of Scotland
ADRIAN D WARD has a long international record as expert and campaigner in law, rights, policy and practice relating to people with psycho-social, intellectual and cognitive disabilities, and in creating service delivery projects for them.  He has been published in many countries and many languages over more than three decades.  His output includes the standard texts “Adult Incapacity” and “Adults with Incapacity Legislation”.  He has advised governments and international organisations, including World Health Organisation, and as consultant to Council of Europe he completed and published in 2018 a review of implementation of the Council’s Recommendation on principles concerning powers of attorney and advance directives.  He was closely involved in the law reform process leading to the Adults with Incapacity (Scotland) Act 2000, and implementation of it.  He has been convener of the Law Society of Scotland’s Mental Health and Disability Sub-Committee for over 30 years.  His many awards include MBE for services to people with learning disabilities, for charitable work and journalism, lifetime achievement, and honorary membership of the Law Society of Scotland.

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Join Jacqueline Tainsh, Blackadders for a review of the question of guardianship applicants versus active power of attorney via three case studies of common situations.

Learning Outcomes:

You will gain insight on the various situations that can arise:

• Current POA is not adequate
• Current POA is not administering the attorney appropriately
• Current POA is a joint attorney

Speaker: 

Jacqueline Tainsh, Senior Solicitor, Private Client, Blackadders
Jacqueline embarked on her legal career in 2002 after graduating with LLB (Honours) and Diploma in Legal Practice. She has years of experience behind her in the private client field in relation to Guardianships, AWI court matters, Succession Issues, Care Home Fees Planning, Inheritance Tax Planning, Estate Planning, Contentious Testate and Intestate Estates, Judicial Factories, Legal Rights and Section 29 Claims, Wills and Powers of Attorney. She has specialised in working with Adults with Incapacity, the Elderly and Care Cost Planning.

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An essential update on the current legislative status of AWI law and a look to the future on reforms on the horizon.

Learning Outcomes:

• Relevant caselaw
• Templates
• Bonds of caution
• Guardianship application process flow diagrams
• Level 2 criteria and applications
• Level 1
• Short term placement certificate
• Amending codes of practice

Speaker:

Peter Quigley, Team Leader, Adults with Incapacity Legislation and Practice, Directorate for Community Health and Social Care, Scottish Government
Peter has been in the AWI reform team at the Scottish Government since January 17 and took over the leadership of the team in July this year. Prior to this he spent 14 years at the Office of the Public Guardian in various operational management roles relating to the registration, supervision and investigation of powers of attorney, intervention orders, guardianships and Access to funds. Peter has degrees in both English and Scottish law.

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Learning Outcomes:

• Adoption, surrogacy and donor conception: legal considerations and aspects to keep in mind when advising your clients

Speaker:

Amanda Masson, Partner, Harper Macleod LLP
Amanda holds three accreditations from the Law Society of Scotland: Family Law, Child Law and Family Law Mediation. She is a member of CALM and the Family Law Association. She has particular experience in relation to high value financial provisions, child relocation cases and adoption, and has experience of representing the interests of children in family law cases. Amanda is a trained Childline Volunteer Counsellor, and has recently obtained the COSCA Certificate in Counselling Skills. She has also trained in Collaborative Law and is a member of the International Academy of Collaborative Practitioners.

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OPG Update including new Declaration Form for potential guardians

Speaker:

Fiona Brown, Public Guardian
Fiona has worked for Scottish Courts & Tribunals Service (SCTS) her whole career.
She started as an Administrative Assistant at Airdrie Sheriff Court in 1993, and has performed a variety of operational roles, across numerous locations, since that time.
Prior to taking up post as Public Guardian on 1 August 2018, Fiona had been Deputy Public Guardian for almost 4 years.

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Learning Outcomes:

• Main challenges in Power of Attorney work and how these can be prevented from the outset
• The perspective of solicitors, grantors and attorneys
• Discussion of some case studies

Speaker:

David E McClements, Partner, Russel & Aitken LLP
David has been a partner at Russel & Aitken since 1998. He has a particular interest in Mental Health and Incapacity Law and is a member of the Law Society's Mental Health and Disability Sub Committee and was a council member of the Law Society of Scotland for 11 years. David is a Board member of Alzheimer Scotland and Chairman of Falkirk & District Mental Health Association. David also deals with a variety of conveyancing transactions and advises on Wills and Powers of Attorney and can assist in the administration of Estates.

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Learning Outcomes:

• The concept of surrogacy
• Surrogacy arrangements: what they are and how the law deals with them
• Parental orders: legislation and case law
• Overview of the proposed reform

Speaker:

Robert Gilmour, Director, SKO Family Law Specialists
Robert is accredited by the Law Society of Scotland as a specialist in Family Law and as a Family Mediator. He is also a FLAGS Family Law Arbitrator. Robert’s practice covers the full range of family law matters, and has particular expertise in the areas of cohabitant claims and surrogacy and artificial reproductive technology. He advises medical professionals and individuals in relation to Human Fertilisation and Embryology Act matters arising from the HFEA legal parenthood audit in 2014. He has written on and provided commentary to the media on both subjects.

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Join Sarah Prentice of the Mental health and disability law committee to explore key points in Safeguarder practice:

• Why is Safeguarder appointed?
• When is a Safeguarder appointed (s5 Adults with Incapacity (Scotland) Act 2000
• Function of a Safeguarder (s5)
• Help…I’m a Safeguarder- what do I do now?
• Who pays?

Learning Outcomes:

• Competing interests with solicitors acting for Adults
• Conflicts between Guardians and care providers

Speaker:

Sarah Prentice, Associate Solicitor, Garden Stirling Burnet Solicitors
Sarah Prentice is an Associate Solicitor in the Court Department. Sarah speaks fluent Spanish and studied for one year in Spain as part of her law degree. Sarah has experience in both Civil and Criminal Law. Sarah has represented clients in summary trials, sheriff and jury trials and has instructed Counsel in the High Court of Justiciary.
Sarah also has significant experience in family, mental health and adults with incapacity law. Sarah represents clients in divorce proceedings, child welfare hearings and children’s referrals regularly. Sarah is appointed as a curatrix ad litem for Hearings of the Mental Health Tribunals for Scotland and regularly represents patients subject to compulsory measures of treatment and hospital detentions. Sarah has significant experience in private Guardianship applications and has also represented Adults with Incapacity in opposing Guardianship orders.
Sarah has a keen interest in human rights and advocating for vulnerable people in society. Sarah has a friendly and supportive approach to her clients.
Sarah has served as a committee Member of the Scottish Young Lawyers Association and is currently a Committee Member of the Law Society of Scotland Mental Health and Disability Sub-Committee.

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There are key points to consider when drafting wills for elder clients. Elizabeth Sparks will guide you through best practice considering testamentary capacity, undue influence, facility, fraud and circumvention, paperwork, taking instructions effectively, the need to advise on Ademption and Abatement, Residence Nil Rate Band, Section 65 of the Burial and Cremation (Scotland) Act 2016 and legal rights.

Learning Outcomes:

• Discussing and planning with your clients: best practice guidance
• Taking instructions effectively and what to look out for

Speaker:

Elizabeth Sparks, Associate, Balfour+Manson
Elizabeth Sparks is a solicitor in Balfour+Manson’s Private Client department.  She advises clients in relation to a varied range of private client matters, including succession planning, the administration of deceased persons’ estates and the law relating to adults with incapacity, often working with the firm’s unique Client Welfare Team.  She also assists with advising clients in relation to the creation and ongoing administration of trusts, with a particular focus on personal injury trusts. 
Elizabeth has tutored undergraduate ‘Revenue Law’ at the University of Edinburgh since 2013 and now also tutors on the core Private Client course of the Diploma in Professional Legal Practice.  She is a member of the Society of Trust and Estate Practitioners, an associate member of the Solicitors for the Elderly and sits on the board of the University of Edinburgh’s Free Legal Advice Centre.

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