Modern families come in all shapes and sizes. Many parents no longer live in the same house as their children through separation or divorce but are able to maintain a meaningful relationship with their children by having regular contact with them.
When families separate it is important that everyone works together to ensure that proper arrangements are put in place for the care of children. This can be done through a direct and informal arrangement, through a more formal legal document called a Minute of Agreement, or in some cases, through court orders.
The Children’s (Scotland) Act 1995 provides that in any case where a parent seeks contact with the child, the paramount issue put before the court will be in the best interest of the child. The general assumption in Scots law is that it is in the best interest of any child to maintain a relationship with both parents. It is usually only in extreme cases, perhaps where there has been domestic violence, abuse, drug use or other such issues that the courts will determine that there should be no contact between a child and a parent.
It may be possible to negotiate contact arrangements by writing to the parent or guardian with whom the child resides. We may be able to formalise the agreed arrangements by drafting a Minute of Agreement. However if this is not possible, it may be that the only option is for the court action to be raised. In such circumstances, our experienced Family Solicitors will assist you in all stages of the court process. We will act quickly to get the matter before the appropriate Sheriff Court and will tenaciously argue on your behalf at Child Welfare Hearings. If it is necessary that the case proceed to a Proof, we will guide and represent you through every stage of this process.
If you or someone you know is seeking contact with a child that they do not live with, it is important to act quickly. We can offer expert legal advice in these circumstances. Where possible, we will act under Legal Aid Funding. We appreciate that such cases can be extremely personal and sensitive. We therefore ensure that our legal advice is delivered in a friendly, professional manner and tailored to individual needs.
Child Contact Lawyers Glasgow, Coatbridge, Airdrie, Shetland
Our Solicitors have a wealth of experience in dealing with contact cases at Sheriff Courts across Scotland. If you find yourself in the difficult position of needing a Solicitor to assist with child contact, we can help. Contact us now via our online contact form, or give us a call on 0141 404 6575.