Scottish Court Upholds Equal Shared Care in Child Custody Dispute

8 October 2026

In a recent decision, a Scottish sheriff court has reaffirmed the significance of maintaining established shared care arrangements in child custody disputes. This ruling underscores the court's commitment to prioritizing the well-being and stability of children amidst parental conflicts.

The case involved a father seeking to alter the existing equal shared care arrangement for his two daughters, aged 12 and 10. He proposed a new schedule that would grant him more time with the children, shifting from the current 50/50 split to an eight-night/four-night division in his favor. The mother opposed this change, advocating for the continuation of the existing arrangement.

Upon reviewing the case, Sheriff J Speir determined that the father had not provided sufficient evidence to justify altering the current setup. The court emphasized that the existing arrangement had been in place since 2021 and was functioning well, with both children expressing contentment and stability under the current schedule. The sheriff noted that the father's proposal lacked a clear, welfare-based rationale and appeared to be driven more by personal desires than the children's best interests.

Furthermore, the court highlighted the detrimental impact of ongoing parental conflict on the children. It was observed that both parents had contributed to communication breakdowns and disputes over various aspects of the children's upbringing. The sheriff urged both parties to set aside their differences and focus on effective communication, stating, "I have no doubt that both parties clearly care for their children and it is incumbent upon them to place the children's welfare above their differences."

This ruling serves as a reminder that in custody disputes, the paramount consideration is the welfare of the children. Courts are inclined to maintain stable and established arrangements unless there is compelling evidence that a change would significantly benefit the children. Parents are encouraged to work collaboratively and prioritize their children's needs over personal conflicts.

At Thompson Family Law, we understand the complexities of child custody cases and the emotional challenges they present. Our experienced team is committed to providing compassionate and practical guidance to help families navigate these difficult situations, always keeping the best interests of the children at heart.