Generally, court decrees are final. Decrees relating to care arrangements for children, including residence and contact, are intended to last until the child attains the age of 16 years.
In some circumstances however, a party can seek to change or vary a court order. In order to vary a court order in relation to children, the party seeking variation will require to satisfy the court that there has been a material change in circumstance which justifies the variation AND that the proposed variation will be in the best interests of the child/children.
It is also possible to vary an order for aliment which has been pronounced by the Court. Again, you would have to satisfy the Court that there has been a material change in circumstance from the date when the original order was made. In cases of aliment this would require to be a material change in your financial circumstances.
It is always advisable to have the benefit of legal advice if you are seeking the court to vary a family law decree. We at Livingstone Brown can assist you in making the relevant application. We can advise you generally on prospects of success, assisting you in identifying the strengths in your proposal. We can also advise you whether you could be eligible for legal aid to assist with the cost of the court process.
At Livingstone Brown we recognise that each case is different. If you wish further advice, please feel free to contact one of our family law solicitors who will be happy to provide advice tailored to your own individual circumstances. We will outline your options and act upon your instructions immediately with a view to gaining the desired outcome as quickly as possible. Call us on 0141 429 8166 or complete our online contact form to arrange an appointment with our team.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.