SCOTTISH FAMILY LAW

Welfare of Children

When parties separate they will have to decide what is in the best interests of their children.

Every situation is completely different and what is in the best interests of children differs based on the circumstances in any particular case.

Should your children reside with one parent and should the other parent have contact to the children?

(In the past ‘Residence’ was known as ‘Custody’ and ‘Contact’ was known as ‘Access’)

Although some parents can reach agreement about these matters without the assistance of a solicitor, in some cases there can be a dispute as to what is best for the children.

Historically, children have tended to stay with their mother with the father having contact but there are no laws to say that this is necessarily in the best interests of their children.  In many cases it might be better if the children resided with their father or there was an agreement about Joint Residence.

If an agreement cannot be reached as to what is best for the children, a referral to Family Mediation could be a reasonable way to try and help the parties resolve the issue. The other option is to raise court proceedings and ask the court to make an order in relation to the children.

Expert advice should be sought from experienced family lawyer in relation to these issues.

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