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Securing the best future care arrangements for your children

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Children

When a couple decide to separate, it is rarely a decision that is arrived at easily, and this is undoubtedly made harder when there are the future care arrangements for children to be considered.

It is generally considered to be in a child’s best interests for both parents to be actively involved in their lives following separation or divorce if at all possible.

The importance of putting differences aside

Most parents are able to put aside their differences and agree future care arrangements for their children privately. Prior to entering into private discussions, it is helpful for separating parents to fully understand their responsibilities and rights. These responsibilities and rights are regulated by the Children (Scotland) Act 1995.

Care arrangements

There are two things that need to be established – ‘residence’ and ‘contact’. Residence is the legal term which refers to where and with whom a child under 16 lives.

Contact is the legal term used to refer to the right to maintain personal relations with a child who does not live with them. This can be direct contact, or indirect contact by phone, letter, email, text or video call. If parents are able to reach agreement through private discussion or by way of negotiation or mediation, they may elect to record the arrangements in a Minute of Agreement.

My ex-partner and I can’t agree – what next?

Unfortunately, sometimes both private discussions and other methods of dispute resolution fail, and the only way that the issues can be resolved is by applying to the court for a determination to be made.

The court can make a variety of orders, but the main orders include orders for parental responsibilities and parental rights, residence, contact, interdicts (an order prohibiting someone from doing something) and specific issue orders (which can encompass a multitude of matters including, but not limited to medical treatment, schooling, relocation and the name of a child).

Taking into account the child’s age and maturity, the court is also required, so far as is practicable, to give the child an opportunity to indicate whether he / she wishes to express views in relation to any order sought in respect of them and for those views to be taken by such means as the Court considers appropriate.

Supporting you from the outset

Clearly, with such important matters at stake, legal advice is crucial, and our experienced family lawyers can help you navigate whichever route you wish to pursue.

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Our client promise

At Aberdein Considine Legal, we have a simple three-point promise to all of our clients.

  1. A personal and proactive approach, recognising that every client is unique and every case is different

  2. Constructive and solution driven advice from experienced family lawyers

  3. Cohesive support from a strong and efficient family law team, with input as required from other disciplines in a full-service firm

  • "Aberdein Considine’s family law team is headed up by Ruth Aberdein, whose particular expertise lies in high value separation and divorce cases, as well as in drafting pre-nuptial agreements for individuals with significant assets at stake. The firm is experienced in complex child cases, concerning child abduction, residency and contact arrangements, and allegations by one or both parties of abusive behaviour towards the children or spouse. Karl Brown is well-versed in such cases, while Leonie Burke, who joined from Brodies LLP in late 2019, is adept at handling financial provision arrangements where forensic accountancy has been required. April Campbell serves clients in the west central belt of Scotland, heading up the Glasgow team, while Isabelle Douglas is another key member of the team."

    The Legal 500 Guide
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