Sheriff Upholds Shared Residence Amid Parental Conflict

6 October 2026

In a recent decision, a Scottish sheriff has upheld the existing equal shared care arrangement for two young sisters, aged 12 and 10, despite ongoing parental conflict. The father had sought to alter this arrangement in his favor, but the court determined that maintaining the current setup was in the children's best interests.

The parents, who separated in July 2020, had been co-parenting under a shared residence agreement since 2021. The father petitioned the court to change this to grant him a greater share of custody. However, Sheriff J Speir found no compelling welfare-based reason to modify the existing arrangement, noting that the entrenched conflict between the parents did not justify disrupting the children's established routine.

This case underscores the Scottish legal system's commitment to prioritizing children's welfare in custody disputes. Courts aim to ensure that decisions serve the best interests of the child, even amidst parental disagreements. The ruling also highlights the importance of stability and continuity in children's lives, especially during family transitions.

For parents navigating similar situations, this decision serves as a reminder that the courts focus on the children's needs above all. It's crucial for parents to work collaboratively and seek amicable solutions that support their children's well-being. Engaging with experienced family law solicitors can provide valuable guidance in these matters, helping to navigate the complexities of custody arrangements while keeping the children's best interests at heart.

At Thompson Family Law, we understand the emotional and legal challenges that come with custody disputes. Our dedicated team is here to offer compassionate and practical advice, ensuring that your family's needs are met with the utmost care and professionalism.