Tom Quail

Tom Quail, head of family law at Wright, Johnston & Mackenzie LLP (WJM), has released his timely guide, A Practical Guide to Contact and Residence Disputes, amid recent changes in child welfare cases.

Invited by the publisher to author this work, Mr Quail, the current convenor of the Law Society Child Accreditation Committee, brings over 30 years of expertise to this guide.

It is designed to be a practical, accessible tool rather than a traditional legal textbook, addressing real-life challenges faced by families and their lawyers in Scotland and focusing on the updated legal landscape.

Mr Quail said: “It was an honour to be asked to create this crucial resource for both the legal field and general public.

“Families want effective solutions or advice during what can often be very stressful and emotionally invested cases.

“The book takes in the learnings from real cases in Scotland. In each case, it sets out the law, how the courts implement the law and how to enforce the law or ensure compliance with a court order.”

The guide looks at the reality of what happens regarding issues of the child’s residence, contact with parents, international relocation, compliance with court orders, or wrongful removal of children from a country. It is set to become an indispensable tool for family lawyers in Scotland.

Importantly, it includes the significant changes introduced to the Sheriff Court Rules for Family Actions in September 2023 and anticipates the impact of the Children (Scotland) Act 2020 once its provisions come into force. These provisions include notable changes, such as the presumption that a child of any age will have their views taken into account in legal proceedings.

Mr Quail continued: “This emphasis on the wants and perspectives of the child marks a progressive step in family law. It’s essential that we recognise and incorporate children’s views in legal proceedings that directly affect their lives.

“My hope is that this new guide will equip family lawyers with the tools to navigate these changes effectively, ensuring that the child’s voice is heard and respected in every case.”

Mr Quail is a regular speaker on family law, with an upcoming virtual seminar on October 31st, 2-5pm, that talks through changes the Children (Scotland) Act 2020 will make for children and young people.