Children in Divorce and Separation
When a couple separate the issue of when each parent has care of the children can be one of the most emotional and difficult issues. We advise parents and sometimes other family members of what their rights and responsibilities are and what can be done to sort out problems. We try to fix things without going to court by negotiating on behalf of our clients, but sometimes things do have to go to court where people seek orders for Residence or Contact (the old terms of Custody and Access are similar but not identical ideas).
Some of the areas we frequently deal with are:
- Residence Orders- these say who a child will live with for certain times.
- Contact Orders- these say when a child will spend time with a person.
- Aliment Orders- can still be made by the courts or dealt with in Separation Agreements (often referred to as Alimony in films using American terms) to deal with financial support for children.
- Parental Rights and Responsibilities - these can be conferred on a father if he does not automatically have them or on other persons with an interest. We can explain these more fully and if need be deal with these at court.
- Specific Issue Orders-when particular issues arise such as whether a child should go to live abroad with a parent, go on holiday abroad or even which school they should attend, the court can make a Specific Issue Order.
We can deal with all these matters for you and many more.
Taking It to Court
Taking a case to court should be a last resort as discussion and negotiation usually get a better result for various reasons. If some formal arrangement is needed we can draft or revise a Minute of Agreement (also known as a Separation Agreement but can be done at any time). We can also help if someone needs to change the terms of an Agreement or Court Order if circumstances change, or if enforcing the terms of an Agreement is the issue.
In most areas the key concern is what is in the best interests of the child as that is the test the courts apply. As parents or carers our clients want what is best for their child too. The other key test at court is whether it is better that an order be made or whether it is better not to make an order, and that too must be taken into account.
We also advise on children's hearing proceedings, child support, and many other issues relating to children. If we can't help we'll tell you, but if a problem stems from a separation or divorce or from Children's Panel matters then our skills will be of great value to you.
Our Advice For You
We give sensible, down to earth advice and try to avoid unnecessary legal jargon. As some of us are members of the Scottish Family Law Association we bear in mind the particular needs of the child or children concerned as well as those of the family and try to discuss things as amicably as possible whilst also protecting our clients interests.
If in doubt give us a call, as the chances are that we can help.
Remember, we offer a free initial half hour meeting.
So, if you have a family problem involving children:
- Complete an online enquiry form, or
- Call us on 0131 222 8000, or
- Email John Mitchell, Ann Scott or Sheila Byth
