Children – Residence and Contact

We understand that your children are your priority. Our Family Lawyers are highly regarded for their expertise with legal issues regarding the arrangements you’ll need to make for your children.

We will help you work out the best arrangements for your children’s residence and contact and advise and guide you in relation to your parental rights and responsibilities. We can help you secure the outcome that’s in the best interests of your children.

Parental responsibilities:  a parent has in relation to his or her child the responsibility —

• to safeguard and promote the child’s health, development and welfare;
• to provide, in a manner appropriate to the stage of development of the child, direction and guidance to the child;
• if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
• to act as the child’s legal representative.

Parental rights: a parent, in order to enable him or her to fulfil his/her parental responsibilities in relation to his child, has the right —

• to have the child living with him or otherwise to regulate the child’s residence;
• to control, direct or guide, in a manner appropriate to the stage of development of the child, the child’s upbringing;
• if the child is not living with him, to maintain personal relations and direct contact with the child on a regular basis; and to act as the child’s legal representative.

Where both parents have a parental right as respects a child, each of them may exercise that right without the consent of the other, unless a court order regulates how it should be exercised or otherwise provides.

No person or parent is entitled to remove a child habitually resident in Scotland from the UK without the consent of a parent who has the parental right of residence or contact (or, where both parents hold these rights, without the consent of both parents).

Resolving disputes in relation to a child’s Residence & Contact :

We believe that your child’s welfare should be paramount at all times and we will help you to achieve an outcome that best suits your child and your family circumstances. Where arrangements cannot be agreed between you and the other parent, we can represent you in court to have that dispute resolved. The court can make an order regulating your child’s place of residence and what contact they shall have with you or their other parent.

The Court shall regard the welfare of your child as its paramount consideration and shall not make any such order unless it considers that it would be better for your child.

The Court shall give your child an opportunity to express his or her views (depending on age and maturity) and shall have regard to such views as your child may express.

Appointment of a Guardian

We can help you to appoint a person to be guardian of your child in the event of your death.