Child Relocation Disputes in Scotland - Caselaw, Strategy & Evidence

Introduction

Child relocation cases are among the most difficult, emotionally charged and high-stakes disputes in Scottish family law. This virtual classroom seminar is designed to help you navigate that complexity with confidence, clarity and strategic insight.

Why attend this live session? Because relocation disputes test every dimension of your advocacy and case preparation. These are binary disputes. Get it wrong - or be out of date with your case law - and the costs are significant: your client may lose their relationship with their child or be refused permission to relocate.

Recent times have brought important shifts which make this live session timely, including recent interesting decisions where the court has confirmed the importance of meticulous case preparation and presentation of evidence in these cases.

What You Will Learn

This live and interactive course will cover the following:

• Understand the current legal framework governing child relocation in Scotland
• Identify and apply the welfare test under section 11 of the 1995 Act, with emphasis on the child’s best interests and participation rights
• Analyse the evolving judicial approach to relocation requests, drawing on recent Scottish decisions
• Consider briefly a comparative approach to the English courts
• Assess key evidential and procedural issues, including proof of plans for relocation and the issue of contact with the parent left behind
• Develop effective case strategies whether you are seeking or opposing relocation - from early advice and negotiation through to proof
• Recognise risk factors that can undermine a relocation case, such as poorly evidenced employment opportunities, lack of contact proposals, or inconsistent client motives
• Draft robust pleadings, affidavits and productions that align with judicial expectations on welfare analysis
• Apply practical advocacy techniques for examining witnesses and addressing the court’s core concerns in oral submissions

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.