Child law solicitors
Our family team are experienced in dealing with all legal issues regarding children such as child residence, contact, relocation and maintenance and includes accredited specialists in Child Law.
Trusted advice on Child Law in Scotland
When dealing with a breakdown in a relationship between parents, children are often placed in a difficult and life-changing situation. By making your separation or divorce process as smooth as possible, our Team of Family lawyers can help ensure that this life change does not have a detrimental effect on your children’s wellbeing and happiness.
Our Team includes accredited specialists in Child Law and they are experienced in dealing with all legal issues regarding children, such as:
- divorce and separation
- parental rights and responsibilities
- child residence and child contact
- child relocation and abduction
- child maintenance and support
- child access and contact
Our full range of Child Law services means that no matter what circumstances you find yourself in, we can assist you.
Our family law team include speciailists accredited by the Law Society of Scotland.
The term Residence is the legal term to describe the arrangement whereby a child lives on a day to day basis with a specified person. This was previously known as ‘custody’.
It is possible following a separation for a child to reside with one parent, or alternatively for the residence of the children to be split between both parties.
Individuals, who have Parental Rights and Responsibilities in relation to a child, have a legal right to have a child reside with them.
If two individuals holding parental rights and responsibilities cannot agree on where a child should reside, they can apply to the court to make a decision on the matter. A Court in making any decision on where a child is to reside, will regard the child’s welfare as the paramount consideration and will consider whether the order is necessary and in the best interests of the child.
The term Contact is the legal term used to describe the specified times and dates that a non-resident parent has time with their children. Contact was previously known as ‘access’.
A non-resident parent is the parent who the child does not live with on a day to day basis.
If two individuals holding parental rights and responsibilities cannot agree on the extent of the contact a child should have with a non-resident parent, they may apply to the court to make a decision on the matter. A Court in making any decision on where a child is to reside will regard the child’s welfare as the paramount consideration and will consider whether the order is necessary and in the best interests of the child.
A person who holds Parental Rights and Responsibilities for a child has a legal right to have regular and consistent contact with the child if the child does not live with them on a day to day basis.
In Scotland, child maintenance is a legal requirement that non-resident parents should pay. The Child Maintenance Service is the government body who deals with matters regarding the payment of child maintenance. The Child Maintenance Service was previously known as the Child Support Agency.
The amount of child maintenance payable by one parent to the other is determined on a number of factors which are regularly updated by the Child Maintenance Service. However, the extent of the payments required are based upon; the amount of gross earnings of the non-resident parent or whether they are in receipt of state benefits, how many nights per year the non-resident parent has contact with the child, the number of children and the amount of other children the non-resident parent may be paying child maintenance for.
The Child Maintenance Service offers a support and advice website known as Child Maintenance Options which also includes a calculator for establishing the amount of child maintenance payable. It is however possible to reach agreement between parents in writing on the amount of child maintenance which should be paid. This option avoids the additional charges which may apply from the Child Maintenance Service if they are required to enforce the payment of child maintenance.
After a separation, it is usual that two parents will begin to live separately. However, for employment, family support, financial or other reasoning this may involve one parent who could be the primary carer of the children wishing to relocate with the children to another town, city or even country. Such relocations can clearly have significant impacts on the parties separating but also on the relationship between both parents and their children.
The implications of proposed relocations vary greatly on the particular circumstances of a case and the logistics of the relocation.
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Call us for free on 0141 227 9545 or complete our online form below to submit your enquiry or arrange a call back.