Possible Disruption 20th January 2011

We have been advised that there may be a disruption to our telephone and internet (including) services on 20th January as a result of work being done by Telewest.  Hopefully any problems will be kept to a minimum.

If you cannot get to us and need to speak urgently please email This email address is being protected from spambots. You need JavaScript enabled to view it..  Emails to Fraser will still go through to  his mobile phone.

We apologise in advance for any inconvenience.

Happy New Year

We hope it is a happy and prosperous year for all.

We are now open again following the recent festivities.

Freezin' Legal Eagles!

In common with many lawyers, and indeed all businesses, in central Scotland our office has been adversely effected by the continuing bad weather.  Most of our staff have been unable to get to the office due to the dangers of travelling and as a result of other issues caused by the school closures.

We apologise to clients for this disruption.

If any assistance is required urgently please email This email address is being protected from spambots. You need JavaScript enabled to view it. or leave a message on the office phone.  Someone is in every day and we will endeavour to respond to all communications.

In the meantim there will unfortunately continue to be disruption while the bad weather remains.  The postal service has been affected and many firms are in the same situation.

We are grateful for you patience.

Parental Rights and Responsibilities

A cautionary note for a parent wishing to have contact with his children.

In a recent case at Dundee a father brought a Court action to have contact with his daughter who was born October 2007.

The father was not married to the mother, nor was the father present or named at registration of the birth of the child as the child's father. The father therefore did not have parental rights and responsibilities.

The Sheriff noted that a court contemplating making any order must regard the welfare of the child as its paramount consideration.  Any order must be both necessary and conducive to the child’s welfare.

One of the considerations judges have to bear in mind is that it is generally  beneficial for a child to maintain personal relations and regular contact with an absent parent.

The mother submitted that such a consideration did not stand up to examination in this case. She submitted that the child had a stable life with her; she was well cared for and was in a positive, steady routine. There was nothing to indicate that the child missed her father.  There had been no contact for a year.

The mother also submitted that there were real concerns about the father’s practical ability to care for the child.  The court was told that the child was clingy; separating her from her mother at this stage would be distressing for her.

Having heard evidence and submissions from both parties, the Sheriff agreed with the mother and accordingly did not consider that making an order for contact would be in the child’s best interests.

This case serves as a reminder of the basic yet vitally important principles which have to be weighed up in such cases.  Although it is generally regarded as beneficial for a child to have contact with an absent parent it is still up to that parent to persuade a court that contact is in the best interests of the child.

http://www.scotcourts.gov.uk/opinions/F5110.html

Holiday Office Closure

We are closed from 24th December at 1pm re-opening on Wednesday 5th January at 9am.

If any matter requires urgent attention please email This email address is being protected from spambots. You need JavaScript enabled to view it. between 29th and 31st December (inclusive) and we will endeadvour to respond.

3...2...1...Back in the room!

Following on from our last update, we are getting back to normal as the week comes to an end.

There are continuing transport difficulties for clients and staff but the signs are that we are all getting to grips with the weather.  Hopefully the weather will improve (or at least not get worse!!) over the weekend.

As I type this on Friday morning the hope is that Falkirk will be functioning normally come Monday morning at 9am.

Thankfully we have been able to staff the office each day this week, even if only for relatively short periods.

If any matters need immediate help or advice please call the office or email This email address is being protected from spambots. You need JavaScript enabled to view it..  If we can't answer immediately we hope to do so within 24 hours.

Once again we thank you for patience and apologise for any inconvenience caused.

Tait Macleod Solicitors
6 Park Street
Falkirk. FK1 1UZ.
LP 38 Falkirk
Tel: 01324 88 88 77
Fax: 01324 41 16 07 

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