Child Contact & Custody Solicitor
Child Custody Lawyers Glasgow & Edinburgh
In the event of a separation or divorce, there are a lot of difficult issues to resolve. However, for most parents, nothing is more important than establishing their continued involvement in their child’s life. The separation period can be very distressing for children, so it is vital that contact, custody and residence issues are resolved as swiftly and painlessly as possible. The ideal situation is an amicable, out of court agreement on the family’s future arrangements. Sometimes, however, these heated issues inevitably require court intervention.
Child Custody & Contact: Do I Need to Go to Court With my Children to Maintain Contact?
When children are involved, it is often advisable to resolve matters outside of court. At Simplicity, we understand that family problems require long-term solutions and not simply a win in the court room. As such, we encourage cooperation wherever possible, and will help you pursue mediation and negotiation out of court if that is what you want. Our skilled mediators will be on hand to lead you through the process. This may allow you to come to resolve your child contact arrangements peacefully. In such a scenario, the advice of a lawyer can make sure that you know exactly what you are agreeing to, and that any settlement is in your interests.
Unfortunately, however, sometimes going to court is unavoidable. The family courts have a process that must be followed and a number of deadlines that must be met. In addition, it can be important to put your arguments clearly to the judge, and doing so using the correct legal terminology can strengthen your case. The lawyers at Simplicity are ready to guide you through each step of the legal process. We can prepare evidence and witness statements on your behalf, and will make sure your voice is heard.
CHILD CONTACT AND CUSTODY (NOW KNOWN AS RESIDENCE) IN THE FAMILY COURTS SCOTLAND
If you are unable to agree your contact arrangements with your partner, the family courts in Scotland have a range of powers to resolve the dispute. When doing so, the courts will consider what is in the best interests of the child involved, and child welfare remains the paramount consideration in these matters.
The court can make a contact order. A contact order requires the parent with whom the child lives to allow the other parent to have contact with the child. Strictly speaking, there is no right to have contact with the child. As such, you will have to persuade the court that, in the circumstances, it is in the child’s interests. The court may order direct contact, allowing supervised or unsupervised visits, or permit the child to stay with the non-resident parent temporarily. Alternatively, in some cases, the court will only order indirect contact, via email or telephone calls.
The court can also make an order for residence. This will determine where the child lives. Sometimes one parent gets sole residence rights, meaning that the child only lives with that parent. More commonly, residence (or custody) is shared between both parents. In addition, a residence order may place restrictions on removing the child from the UK.
What a contact or residence order requires or permits will depend entirely on the content of the individual order made. Orders can be very specific to the circumstances of the particular case. As such, it is advisable to seek legal services and advice if you are applying for or contesting an order from the family courts. A lawyer will be able to advise you on what sort of order you should seek from the court, as well as any specific requirements that you may wish to ask the court for.
Once an order is made, it is legally binding and enforceable. Any breach of the order may amount to contempt of court. As a result, if you are unhappy with an order made, it is vital that you challenge it using the proper legal methods and do not simply breach the requirements. The solicitors at Simplicity can advise you on how such a challenge is made.
Child Law Consultation: Family Lawyers Glasgow, Edinburgh, Shawlands, East Kilbride and Lanarkshire
Seeking legal advice is always advisable in matters as important as child custody, contact and residence. Simplicity is a Scottish firm of lawyers that specialises in family law. All our lawyers have extensive expertise in the area of child access and residence. We offer clear and practical advice on these matters, and will always listen to your case with sympathy and understanding. We know how important matters of child custody are, and will do everything to make sure you get the solution that you need.
Based in Glasgow and Edinburgh, our lawyers provide advice on child custody across Scotland. If it is not convenient to travel to our offices, we have teleconferencing facilities to ensure our services are easily accessible for all our clients.
Contact us today and call us at 0141 471 9166 or complete our online enquiry form and let us help you.
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