If parents are married to each other they will both have parental responsibilities and rights in relation to their children.
When the parties are not married then the mother has parental responsibilities and rights. The father will have parental responsibilities and rights only if he is named on the birth certificate. If the child was born before May 2006 then an unmarried father will not have parental responsibilities and rights. The unmarried father who has no parental responsibilities and rights can obtain these either by agreement with the mother or by court order.
Child Residence Orders
If a court can be persuaded that it is in the child’s best interest that the father be given parental responsibilities and rights then the court will make that order.
When there is a dispute about where the child should live then that can be made the subject of a residence order by the court.
Child Contact
Similarly, the court can make an order providing for the child to have contact with the non residence parent if that is a matter that cannot be agreed between the parents. If a child is of an age to give an opinion then the court should take the child’s views into account if they can be ascertained.
Where both parents have parental responsibilities and rights, and if the child is habitually resident in Scotland, neither parent can remove the child from the UK without the consent of the other, or a court order.
Child Custody Lawyers
The issues of child residence and contact are highly emotive. Our family lawyers understand this and will guide you through the process calmly.
Family Law Fixed Fee Preliminary Legal Advice
We understand that taking the first step in consulting a solicitor can be daunting and you may be concerned about the likely cost of legal advice. To help you understand your options and the likely cost, we offer a fixed fee package for preliminary legal advice.
Speak to a Child Residence & Contact Specialist
If you need help securing contact with your child, contact our Family Law team. Our expert family law solicitors in Edinburgh and Glasgow will provide clear, confidential advice tailored to your situation.
