Family Law - JHS LAW

At JHS LAW our Family Law department is run by Partners, Lynn McMurchie and Alasdair Bryce who, together with Senior Solicitor, Vicky Raymond, recognise the importance of dealing with all aspects of Family Law in a sensitive manner while appreciating that it is important that matters are progressed swiftly to reduce the trauma that can be involved in the breakdown of a relationship, or in issues relating to children.

We recognise that it is preferable for matters to be resolved without recourse to litigation and in the first instance we will endeavour to resolve matters by negotiation. We actively promote non-litigation based methods of resolving matters and are pleased to offer our clients the opportunity to resolve matters through the Collaborative process. On the rare occasions when it is not possible for matters to be resolved through negotiation or alternative dispute resolution, we have the experience and expertise in conducting contested cases and representing clients in Court.

We can provide advice and guidance in respect of all aspects of Family Law including:

Collaborative Law

Collaborative Law is a method of resolving Family Law disputes in a discreet and dignified way through four-way meetings and is designed to avoid litigation. The process involves a series of meetings where Solicitors will support and assist their clients in reaching mutual decisions in the interests of their family.

The Collaborative process requires each party to appoint specially trained Collaborative Lawyers who are members of Consensus Collaboration Scotland. Lynn McMurchie, Partner is one of a handful of Family Collaborative Lawyers operating in the region and is pleased to offer clients the opportunity of choosing this as a means of resolving matters.

Divorce / Dissolution of Civil Partnership

The ending of a marriage or civil partnership can be not only one of the most difficult decisions to make, but can be an extremely stressful time for families. We will assist clients through these difficult times by helping resolve the financial matters and child care arrangements using all of our expertise and by always giving clear advice.

We will always discuss the different methods and options available to clients to resolve matters and help clients identify the best way forward for them and their families.

Separation / Cohabitation Law

The Family Law (Scotland) Act 2006 introduced, for the first time, provision for cohabitants to make financial claims against their former partner in certain circumstances.

We can guide you through this complex area of law and help identify scenarios which could give rise to such a claim. Cohabitants must make a claim within one year of separation and therefore, it is essential that such matters are dealt with in a swift and efficient way.

Child Law (Residence, Child Contact and Relocation)

Deciding and agreeing the care arrangements for children following separation can be extremely difficult. Whether there is a dispute over where a child should live, the arrangements for contact with a non-resident parent or where a parent is considering relocating outwith Dumfries and Galloway, we adopt a sensitive and child-centred approach to assisting our clients.

Each parent may have a different view on what is in their child(ren)’s best interests, so we aim to help resolve these difficulties, promoting future co-parenting relationships.

Adoption

JHS LAW has an excellent reputation locally for assisting families in the legal process of adopting a child. We have experience in cases involving family-based adoptions, such as step-parent adoptions and in cases where a child or children have been placed by the Local Authority.

We will set out the legal process from the outset and support clients throughout the bringing together of families in this way.

Referrals to the Children's Panel

Families can sometimes find themselves requiring our assistance following the involvement of the Social Work Department in their family life and when subject to a referral to the Children’s Reporter.

This, for most families, is an extremely difficult time and the amount of professional and multi-agency involvement can often be overwhelming. We can help with all Children’s Referral matters including Child Protection Orders, Grounds of Referrals and Appeals.