Karen is a Legal Director in our Family Law team with over 15 years experience as a family lawyer.
She has been accredited by the Law Society of Scotland as a specialist in Family Law, Child Law and Family Mediation.
Karen provides advice on the full spectrum of family law matters, with particular emphasis on high value, complex, financial provision on divorce and separation. Karen represented the appellant in the case of McBride v McInnes [2024] SAC (Civ) 42 in the Sheriff Appeal Court before a bench of three Appeal Sheriffs. The precedent setting case clarifies the law in relation to occupancy rights for non-entitled cohabitees in terms of section 18(1) of the Matrimonial Homes (Scotland) Act 1981.
Karen provides expert advice and guidance on the full spectrum of family law matters including: separation and financial provision on divorce, disputes about the residence of children and contact with children, financial support (or aliment) for children and spouses, pre-nuptial agreements and cohabitation agreements, orders determining the parentage of children (called 'declarators of parentage or non parentage'), adoption including step-parent adoption, and cohabitation claims on separation or death. Karen can also provide advice on Guardianships and Intervention Orders where adults either lack, or have lost, capacity to deal with their own affairs.
Karen aims to provide clear, practical legal advice to empower clients to understand their options and make informed decisions about their future. Where required, Karen represents clients in the Sheriff Courts across Scotland and attends cases calling in the Court of Session, although much of her time is devoted to resolving matters amicably where that is possible.
A particular strength of Karen's is child law and in particular advising clients in relation to child disputes and advising on the adoption process. Her calm, considered manner is of particular benefit to clients throughout this process, which many of our clients can attest to. Karen undertakes reports for the courts as a Curator Ad Litem.
Karen also acts for Local Authorities. Her experience includes working with social workers and local authority solicitors to secure children in permanent placements (such as long term foster care or through adoption) who are in the care of the Local Authority. Karen undertakes reports for the courts as a Curator Ad Litem and Reporting Officer in adoption and permanence cases.
Karen has expertise in the areas of child law, education law (such as placing request appeals) and Adults With Incapacity matters in the public sector. Karen has acted for a number of local authorities across Scotland.
She has a particular interest in child law, and she enjoys advising and acting for Local Authorities in child law matters such as applications for permanence orders and permanence orders with authority to adopt. Many of Karen's permanence cases which have gone to a full evidential hearing have been conducted by her both with and without the assistance of counsel. She deals with these cases with care and skill, meeting the necessary court deadlines, at times under considerable pressure.
Karen will undertake all work necessary in the preparation, running and conduct of Permanence Orders and Permanence Orders with Authority to Adopt cases, and placing request appeals. Karen has successfully conducted evidential hearings together with procedural hearings in such cases in a number of courts across Scotland.
Karen edits the adoption section of Scottish Social Work Legislation by Thomson Reuters.
Family Law
We recently acted for the appellant before a bench of three Appeal Sheriffs in the Sheriff Appeal Court case of McBride v McInnes [2024] SAC (Civ) 42 in a case clarifies the law in relation to occupancy rights for non-entitled cohabitees (i.e. a cohabitee who is neither owner nor tenant of a property) in terms of section 18(1) of the Matrimonial Homes (Scotland) Act 1981.
Family Mediation week, which is promoted each January by the Family Mediation Council in England & Wales (“E&W”), prompted me to consider how family mediation in Scotland compares with across the border. The process of mediation in family cases is broadly similar; however there are some differences.
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