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.
Accredited Specialists
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; and
- child access and contact.
We're here to help you plan for the future
Our full range of Child Law services means that no matter what circumstances you find yourself in, we can assist you. For more information on our family law services call our offices for free or complete our simple online form, for an initial discussion or to request a callback.
Our Family Law Team is recognised in the UK's leading independent legal directories, Chambers UK Guide to the Legal Profession and The Legal 500, where our Team is recognised as having "Recommended Lawyers" and "Leaders in the Field" in the area of Family Law.
FAQ - Child Law in 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.
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.
For the majority of individuals who may have had no direct experience of an adoption, the process is likely to be quite daunting with the thought of their lives being assessed. The purpose of the Adoption procedure is to ensure that every child is given an opportunity to develop in a safe, healthy and nurtured environment during their childhood. By obtaining expert legal advice and guidance at the outset when considering adopting, the entire process can be clarified and often in turn into an exciting positive experience for the applicant’s.
Adoptions usually arise in unfortunate circumstances whereby a child has been placed at risk or is in need of long term care for the remainder of their childhood. However, not all adoptions arise from unfortunate circumstances; Step Parent Adoptions in Scotland have risen in the last decade. This usually occurs whereby a step parent wishes to formally adopt a child of their partner.
An Adoption is the legal process whereby Parental Rights and Responsibilities (hereinafter referred to as PR&Rs) of a child’s natural parent or parents are extinguished and equivalent PR&Rs are conferred upon the adopting parent or parents. An adoption is a permanent step resulting in an adopted child thereafter being deemed to have always been a child of the adopters.
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.
Call our Accredited Family Law Specialists
Glasgow Office: 0141 227 9545
Edinburgh Office: 0131 247 2556
Inverness & Highlands Office: 01463 795 035
Shetland Office: 01595 480759
Elgin Office: 01463 795 035
Enquire Online

Recognised for its broad coverage of family matters, offering expertise in divorces, cohabitation claims and child relocation matters. Also has experience in fertility law and associated issues, including adoption, surrogacy and assisted conception. Well practised in separations entailing bankruptcy issues and displays considerable capabilities in cross-border cases. Offers trained collaborative lawyers and mediators, in addition to skilled litigators.
Team Chambers 2021One source praises the team as "creative and thoughtful" and adds that the lawyers "give a good service." Another interviewee says: "They have strong relationships with their clients, who are happy to take their advice because they respect and trust the lawyers."
I would like to thank you for everything that you did on my behalf. Your help and advice was excellent. I would recommend your services to anyone, and, if I get the opportunity, I will do so.
Mr McLeish
I want to thank you for your help in getting me to this stage. Your great support and advice really kept me focused on the task in hand and I really appreciate that.
HM Client
Head of department Amanda Masson handles a broad spectrum of family law matters, including divorce, cohabitation agreements and child relocation cases. One source says: "She has a balanced, compassionate and insightful manner and considerable experience."
Chambers 2018
Excellent service – extremely tricky matters dealt with very well.
HM Client