Child Custody and Child Contact Lawyer Glasgow
Family Law Glasgow are a team of friendly and trusted local lawyers who are highly experienced in all aspects of child law and child custody. Contact us today to find out how we can help you. You can call us on 0141 413 0527 or simply fill out our online enquiry form.
In Scotland, as elsewhere, the law places particular importance on the interests of children when couples separate. In any formal action of separation, such as divorce, a court will need to be satisfied that a couple has given due consideration to any children, and that their needs are well catered for.
A court will attach particular importance, where the circumstances allow it, to the need for children to be able to maintain a relationship with both of their parents.
The Family Law Glasgow team understand that family law matters become even more sensitive when children are involved. Our experienced team will handle your enquiry with care and tact.
What are Parental Rights and Responsibilities?
As mentioned above, the interests of the child are paramount in any separation between a couple. Amongst other things, Parental Rights and Responsibilities concern the upbringing, care and welfare of children, as well as the right to maintain contact. Parental Rights and Responsibilities are sometimes referred to as child custody.
Who Can Have Parental Rights and Responsibilities?
It used to be the case that only married mothers and fathers had automatic Parental Rights and Responsibilities. This changed in 2006, and now unmarried fathers who are named on the birth certificate have Parental Rights and Responsibilities.
It is important to understand that Parental Rights and Responsibilities are not restricted to a child's parents. Theoretically, anyone that has a relationship with a child and an interest in their upbringing, e.g. grandparents, can be granted Parental Rights and Responsibilities. Furthermore, the courts are also empowered to alter arrangements concerning Parental Rights and Responsibilities if they deem it appropriate. This will largely depend on the circumstances, but will generally relate to situations where a child’s interests are not best served by an arrangement.
What if I Have No Child Contact?
As with Parental Rights and Responsibilities themselves, contact with a child is not restricted to a child's parents. Anyone who has an interest in a child can apply to the court in order to arrange for contact with that child. Both the courts and the law more generally aim to ensure that children are able to maintain a link with everyone in their family provided it is in the child’s best interest.
Furthermore, the courts will take steps, where possible, to take into consideration the views of the child in question. In Scotland, a 12 year old is considered competent to express a view regarding their family arrangements. A court will take this into consideration where contact and residence with family members is concerned.
Where someone is worried that they will no longer be able to see or maintain contact with a child, they can apply to the courts for residence or contact orders. The views of the child in question will be particularly important in this context, as the courts encourage families to make their own arrangements where possible. They will not agree to make an order unless there is no alternative, or the interests of the child are not well served under the prevailing arrangement.
Contact Expert Glasgow Child Custody Solicitors
If you are concerned that your relationship with your child is threatened as a result of a relationship breakdown, or are perhaps another family member concerned for a child's wellbeing, contact the team at Family Law Glasgow.
Call us on 0141 413 0527 or simply fill out our online enquiry form.