Matters surrounding your child

Regulating the care arrangements for children when a couple are separating can sometimes be difficult. Many people still talk about seeking custody or getting access. These terms no longer exist in Scots law because they imply possession or ownership of the child. If both parents are named on the child’s birth certificate, they share parental rights and responsibilities over that child.

Residence is the term used to describe where the child principally lives, and usually it is the child’s best interests to have regular contact to the non-resident parent. If parents are unable to reach an agreement on residence or contact, we can offer guidance and representation in the Family Court. If it is better for the Court to grant an order of residence or contact of the child under 16 than not, an order will be granted.

A Contact Order is a Court order which regulates the time a child spends with the parent the child does not live with. There is no set rule as to how much time a parent should spend with their child. The Court’s primary concern is what is in the child’s best interests. Therefore, what may be in one child’s best interest’s may be different to their siblings.  Contact orders can also regulate how much time the non-resident parent spends with the child over school holidays. Again, there is no set rule as to how much time each child spends with their parents and this will vary from case to case.

Depending on the child’s age and stage, the Court will must take into account the views of the child. These may be taken by sending the child a Form to complete in age-appropriate language or by a Court Child Welfare Reporter. This is an individual who is appointed by the Court to meet with the child in a neutral environment and report the child’s views back to the Court.

Going to court to regulate a child’s care arrangements should be a very last resort for parties – the more that can be agreed without the need for court intervention the better and often solicitors can resolve issues by reaching a care arrangement that is acceptable and will benefit the child. Parties need not instruct a solicitor to do this and can instead seek Mediation via Relationship Scotland or other agencies.