Child Family Law In Edinburgh

Family law in Scotland covers a vast range of issues, many of which involve children. Such legal matters need to be handled sensitively and professionally, ensuring the needs of a child are put first and foremost.

Child Law Issues

Our family law department can help with a number of legal issues relating to children, including:-

1. Residence

If parents cannot come to an agreement as to whom their child should live with, then it will be necessary for the courts to decide. This is known as applying for residence, and has replaced the previous term of ‘custody’.

The court will take into consideration what is best for the child. No bias is held towards either the mother or the father: indeed, a father has just as much right to apply for a residence order as a mother does.

In some cases, a shared residence agreement will be decided upon, whereby each parent has an equal amount of time with a child. These are not particularly common, however, as residence is usually given to one parent or the other. Should you be the non-resident parent (ie. not living with your child) then you may want to apply for contact.

2. Contact

As with residence, if an agreement cannot be reached regarding how a non-resident parent may spend time with their child, then an application can be made to the court. Each case will be assessed individually, and depending on the circumstances an order will be issued stipulating where and when contact is allowed.

Contact orders are there to protect the rights of a non-resident parent, as it is deemed a priority that a child should have contact with both mother and father. However, contact can be denied, particularly is there is a history of domestic violence or non-involvement.

3. Parental Responsibilities

The rights and duties a parent has towards a child are known are known as ‘parental responsibilities’ or just ‘PRs’. These are defined under the Children (Scotland) Act 1995 as the responsibility to:-

• Safeguard and promote the child's health, development and welfare;
• Provide direction and guidance;
• Maintain personal relations and direct contact with the child on a regular basis;
• Act as the child's legal representative.

All mothers automatically acquire parental responsibilities, as do married fathers. Since 4 May 2006, unmarried fathers can also obtain PRs if they:-

• Are present to sign the birth register (and the mother agrees);
• Fill in a Parental Responsibility and Parent Rights Agreement form (and the mother agrees);
• Apply to the court.

4. Child Maintenance

Both parents are responsible for providing for their child financially. This continues after a separation or divorce, whereby a non-resident parent must pay child maintenance. This is seen as a contribution towards their child’s upbringing, covering aspects such as clothes, hobbies, and general upkeep. If a parent is failing to provide for their child, then payments can be regulated and enforced by the Child Support Agency (CSA).

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.

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