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Regulating the care arrangements for the 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, both have equal parental rights and responsibilities over that child.
Where the child principally lives with the main carer is now called Residence 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.
We understand that the family dynamic between households varies greatly, which is why we support step-parents, grandparents and other family members who have concerns over contact, residency or the child’s best interests.
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Separation and Divorce
Separating from a partner and existing what was previously a settled relationship can be an emotional...
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Abuse, Nuisance and Harassment
Domestic abuse is categorised as controlling behaviour between people in relationships. We can act quickly...
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Guardianships
If you're concerned about a friend or family member who lacks the capacity to manage their own personal affairs...
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Pre/Post Nupital Agreements
It's common nowadays for couples to enter into a Pre-Nuptial Agreement before entering a marriage...
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Cohabitation and civil partnerships
Our team of Family Law specialists can guide you through all matters surrounding Cohab...
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Alice Hegarty
