Many separated parents are able to agree between themselves on where their child will live and how much time the child will spend with each parent following separation. When agreement isn’t possible, the Scottish courts can step in and make orders regarding children.
Generally, there are two types of orders:
Residence: This refers to where and with whom a child under 16 lives. This is usually where the child spends the majority of nights each week or fortnight. Parents can also share residence, meaning the child spends an equal number of nights with each parent (for example, 7 nights each out of 14).
Contact: This gives a parent or other person the right to spend time with a child they do not live with.
However, there are also different types of contact:
Indirect contact: Communication by letter, phone, or other means without face-to-face meetings.
- Non-residential contact: Time spent with the child that does not include overnight stays, which can happen at a parent’s home, a park, leisure centre, or a contact centre.
- Residential contact: Overnight stays where the child sleeps at the home of the person with contact.
It ’s common for a non-resident parent to have a mix of contact, such as phone or Zoom calls, weekly dinners, or overnight stays. The child’s age usually affects the type and amount of contact, which often increases as they get older.
Anyone with a genuine interest in the child’s welfare can apply. This could be a parent, grandparent, sibling, or another family member. In some cases, even a close non-relative, such as a partner of a deceased parent, may apply.
Wherever you are in your journey with your child and the other parent, it’s really helpful to document the days and times that you see your child or speak to them by telephone so that if there is an issue, if necessary I can produce to a court (as a last resort) a record of the contact to the point of disagreement or conflict, which courts look upon favourably.
Beverley Johnson
Head of Family Law & Director
Before making any order, the court needs to be sure it is necessary and in the child’s best interests. The child’s welfare is always the most important consideration, and their views are taken into account when appropriate. School-aged children usually have the opportunity to share their thoughts using an F9 form, which can be sent to their home or another suitable place. The court may also ask independent solicitors to speak with the child during the process to make sure their voice is heard.
How much will it cost?
If you would like advice on how to increase the time you spend with your child where you are facing difficulties in agreeing arrangements with the other parent, please contact us for an initial consultation for a fixed fee of £340 + VAT.
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