Child Custody Lawyers Glasgow

Child custody and contact solicitors in Glasgow

In Scotland, the law no longer talks about custody and access. Custody is now called residence, which decides where a child lives, and access is now called contact, which covers the time a child spends with the parent they do not live with. The rules are set out in the Children (Scotland) Act 1995, and they are different from the law in England and Wales. You may also see contact described as visitation.

As a family law firm, we help mothers, fathers, grandparents and other family members in Glasgow and throughout Scotland to sort out residence and contact. Most families reach an agreement without a court hearing, and we always look for the calmest route first. Where that is not possible, our family lawyers in Glasgow will give you legal representation in court proceedings.

Agreeing arrangements without going to court

Children usually cope best when their parents can agree. An agreement made outside court is quicker, cheaper and far less stressful, and it can be more flexible than a court order. A good arrangement covers where the children will live, when they will see each parent, holidays, birthdays and special occasions, handovers and how you will make decisions together.

• Negotiation: we contact the other parent, or their solicitor, and work towards an arrangement on your behalf.
• Mediation: mediation is a voluntary process in which a trained mediator helps you both talk things through and agree a plan. Read more about family mediation.
• A written agreement: arrangements can be recorded in a separation agreement along with any financial settlement.

Residence and contact orders

If you cannot agree, you can ask the court to decide. Most cases are heard in the sheriff court. Under section 11 of the Children (Scotland) Act 1995, the court can make a range of orders about children under 16.

The court can also make a specific issue order to settle one question, such as which school a child attends or whether they can move abroad, grant or remove parental rights and responsibilities, and grant an interdict to stop someone doing something. Read our guide to parental rights in Scotland.

How the court decides

The court does not start from the view that either parent should have the children. Instead, it applies these principles:

• The welfare of the child is the most important consideration.
• No order unless it helps: the court will only make an order if doing so is better for the child than making no order at all.
• The child’s views: your child must be given the chance to express a view if they want to. A child aged 12 or over is presumed mature enough, but younger children are often heard too.
• Safety: the court must consider any abuse or risk of abuse, and how it affects the child.
• Cooperation: the court considers whether it is in the child’s interests for the parents to cooperate over decisions.

The court may appoint a child welfare reporter to speak to the family and report back, and it can ask for other evidence such as reports from the school or social work.

The child custody court process, step by step

A defended case can take several months, and longer if it goes all the way to a final hearing. Read more about the process for child custody disputes in Glasgow.

Unmarried fathers’ rights

A mother automatically has parental responsibilities and rights. A father has them automatically if he was married to the mother when the child was conceived or born, or later marries her. An unmarried father has them if he is named on the birth certificate and the birth was registered in Scotland on or after 4 May 2006.

If you do not have parental rights, you can get them by signing an agreement with the mother, which is registered in the Books of Council and Session, or by applying to the court. Read more about fathers’ rights in Scotland.

Grandparents and other family members

Grandparents do not have an automatic right to see their grandchildren, but anyone who has an interest in a child can ask the court for a contact order. That includes grandparents, aunts, uncles and step parents. The court applies the same test as it does for parents: is contact in the child’s best interests? Read more about grandparents’ rights in Scotland.

Moving away or taking your child abroad

A parent cannot take a child who lives in Scotland out of the UK without the consent of everyone who has parental rights or the permission of the court. This applies to a permanent move and can also apply to holidays. Where a court order is in place, removing a child without consent can be a criminal offence.

If you want to relocate and the other parent does not agree, you can ask the court for a specific issue order. If you are worried that your child may be taken abroad, the court can grant an interdict to prevent it, and you should take advice urgently. Read our guides to relocating abroad with children and parental child abduction.

When contact is refused or an order needs to change

A court order is legally binding. If the other parent refuses to follow a contact order without a good reason, you can go back to the court, which can take steps to enforce it, including finding them in contempt of court. If you are the parent with residence and you are worried about your child’s safety, take advice before stopping contact, so that you protect your child and your own position.

Children’s needs change as they grow, so orders can be varied. Either parent can apply to the court to change an order if circumstances have changed. Read what happens when a parent breaches a contact arrangement.

Why choose Simplicity Legal for your child custody case?

• Children first: practical legal advice focused on what is best for your family
• Calm and constructive: we try agreement and mediation before court wherever it is safe
• Experienced in court when a case cannot be settled
• Plain English advice and regular updates
• Regulated by the Law Society of Scotland

Contact our child custody lawyers in Glasgow

Whether you are separating, struggling to see your children or worried about a proposed move, the sooner you take legal advice, the more options you are likely to have. Call 0141 433 2626 or request a callback, and one of our family law solicitors will be in touch. Our legal services cover every area of family law, including child law, divorce and cohabitation. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Your child custody questions answered