Child contact and residence arrangements are some of the most sensitive and emotional issues that we as family lawyers assist our clients with. When parents separate or divorce, the priority should always be the welfare and best interests of the children – we know that and are here to help you get to a happy, healthy and sensible arrangement.
What is Child Contact and Residence?
Child Residence: This refers to the primary residence that the child will reside in after the parents separate or divorce. Under Scots law, there can only be one parent with “residence” even where the child largely spends equal time with their parent.
Child Contact: This pertains to the contact arrangement for the child to spend time with the parent they do not “reside” with. It will look different in each and every case, but generally speaking will involve visits, overnight stays, holidays, and other forms of indirect contact such as calls, texts and video chats.
Your Rights as a Parent
As a parent, you have a legal right to be involved in your child’s life and to have a say in the important decisions that are taken. However, these rights will always be balanced against the child’s best interests.
An Overview of Your Rights
Right to be Involved in Decisions: As a parent, you generally have the right to participate in significant decisions about your child’s upbringing, including matters related to education, health, religion, and living arrangements.
Right to Contact Your Child: If you are the parent who doesn’t have residence of your child, then you still have the right to maintain regular contact with them. This could be in the form of regular visits, phone calls, or other forms of communication, depending on the circumstances.
If you’re facing difficulty in maintaining these rights in terms of contacting your child, etc. then you have the right to seek help from the courts. The family courts are designed to intervene in cases where there are disputes about matters regarding children.
Your Responsibilities as a Parent
As the saying goes, with rights come responsibilities. Understanding and fulfilling your role in both the emotional and practical aspects of your child’s life is essential. Generally speaking, your responsibilities as a parent are as follows:
Ensuring the Child’s Best Interests: The primary responsibility for both parents is to ensure their child’s wellbeing. This includes providing emotional support, maintaining stability, and making decisions based on what’s best for the child.
Maintaining a Positive Relationship: For children, having healthy relationships with both parents is crucial. Even if the parents no longer live together, they should avoid negatively talking about one another. Encouraging positive contact between your child and the other parent is usually in the child’s best interests.
Respecting the Arrangements: Once child contact and residence arrangements have been agreed upon, it’s important to try and stick to them – so long as they remain in the child’s best interests. This includes showing up for contact, respecting collection/drop off times, and following through with any commitments made. If changes need to be made, parents should seek to agree on alternatives as soon as possible.
Cooperating with the Other Parent: Communication is key to making any co-parenting arrangement work. Being open and cooperative with the other parent can reduce the stress on the child and ensure good communication channels are in place. If direct communication is difficult, consider using mediation services to try and improve this.
How are Child Contact and Residence Decided?
In most cases, parents are encouraged to reach an agreement on residence and contact without the need for court intervention. If there are difficulties in reaching agreement, then it may be sensible to try and mediate matters to see if agreement can be reached. However, if the parents can’t agree, and mediation doesn’t work, the matter may be taken to court, where a judge will make a decision based on the child’s best interests.
Final Thoughts
Putting in place arrangements for the child can be challenging, particularly during emotionally charged times like separation or divorce. While it’s crucial to understand your rights, it’s just as important to recognise the responsibilities that come with them. The well-being of the child should always be the central focus, and, when possible, parents should strive to work together in a manner that fosters a positive, nurturing environment for their children. When disputes arise, seeking mediation or professional legal advice can often lead to a smoother and more amicable resolution. Ultimately, both parents have a role to play in ensuring their child’s safety, stability, and emotional development, even after a separation – and we’re here to help you with that.
If you would like to discuss this further, please get in touch with our Family Law Experts.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.