Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Family Lawyers in Glasgow, Scotland

Child Law, Child Contact & Custody Solicitors Glasgow

child contact custody lawyers glasgow scotlandGenerally speaking, parents who are separating or divorcing will be able to reach an amicable agreement between them as to how much contact they should each have with their children. However, we can empathise in situations where one parent unfairly blocks contact or refuses to negotiate with the other and can provide full advice and assistance in relation to this.

Led by our experienced family lawyersJonathan KeeCameron Shaw and Nicola McGuire. Our team of family law solicitors have extensive experience of all aspects of Child Law and are able to assist with orders for residence and contact, negotiating the Children’s Hearing system, adoption and matters relating to child protection

Why Choose Jones Whyte Law's Child Law Team? 

  • Committed to finding the best, most effective solution for you and your family
  • Experienced, professional, approachable and empathetic
  • Members of The Family Law Association of Scotland
  • Sympathetic, client-focused solicitors
  • Glasgow-based (our headquarters are on Bath Street), operating throughout Scotland
  • Competitive rates, with fixed fee options available 

For a confidential discussion about your case with one of our Team, please contact us here or call us on 01413751222. 

Parental Rights & Parental Responsibilities (PR&PR) in Scotland

PR&PR is the term used to refer to the legal rights and responsibilities a parent has in relation to their child. However, it is not automatically the case that every biological parent will have PR&PR. There are different rules in place for mothers and fathers. A range of factors can affect who has PR&PR such as, marital status, whether there was fertility treatment and who is named on the birth certificate.

In the event that you do not have PR&PR, you can apply to have them awarded by the court. Anyone who can “claim an interest” in the child can apply for PR&PR. For example, a biological father who does not already have them, a grandparent or a step-sibling. Alternatively, PR&PR can be obtained by a legal agreement that is known as a Parental Rights & Responsibilities Agreement. In the event that the mother of the child consents to the granting of PR&PR, our family law team can draft an agreement to reflect this with relative ease.

Child Residence Legal Advice

Residence (formerly known as ‘custody’) is the term used to describe with whom a child should live. At Jones Whyte, we have extensive experience dealing with matters relating to children where parents and relevant parties cannot agree with whom the child should have their primary residence or how much contact should take place with a non-resident parent or grandparent.

If you believe it is in the best interests of the child to reside with you, then you can apply to the Court for a Residence Order with the help of one of our solicitors. The Court will assess the appropriateness of your request and the welfare of the child when considering whether or not to grant this.

It is important to note that, even if a court decides that the child should live with one parent and not the other, this does not mean that the non-resident parent loses their PR≺ they still retain them.

Child Contact Legal Advice

Alternatively, anyone with PR&PR can apply for a Contact Order. Formerly known as ‘access’, contact regulates how long and how often the child should have contact with the parent who does not have residence. Contact Orders are the means by which the court steps in to see that the children of any relationship do not become marginalised by other family members who have decided they know what is best for the child. If you are an unmarried parent or other relevant person and are looking to have a more structured involvement in that child’s life, then contact us to find out what steps can be taken to assist you with this.

Grandparents & Children on Divorce

Unfortunately in Scots Law, grandparents have no automatic rights in relation to contact with grandchildren. This being said however, the Court places the child’s welfare as its paramount consideration when assessing the appropriateness of any orders for contact of residence. We have been successfully involved in a number of cases where grandparents have been awarded both contact and residence of children.

Adopting a Child in Scotland

Whether with or without consent, adopting a child is a rigorous and emotional process. Not least because of the numerous hurdles and protections that the law puts in place to ensure the welfare of the child.

At Jones Whyte Law we are pragmatic while sensitive with our advice in this extremely emotive area of law.

The Children’s Hearing System

The Children’s Hearing System in Scotland is underpinned firstly by the belief that a child who has committed an offence, or against whom an offence has been committed, is in need of protection, guidance, treatment and control. Secondly, it is recognised that the traditional legal process involving the courts is not best suited to determining what is needed to safeguard the welfare of a child nor what protection, guidance, treatment or control is necessary.

Although it does not take place in court, appearing before a Children’s Panel can be a daunting experience for child, carer or parent alike. The Panel can also impose significant decisions relating to matters such as where a child will live, with whom and whether or not contact should operate with a parent. Therefore, it is important to seek the advice of one of our experienced family solicitors who will guide you through the process.

Residence and Contact (aka Custody and Access) with Children in Scotland - Best Practices & Practical Tips

Disputes regarding your children are among the most important legal issues you will ever face. It is therefore important to obtain legal advice as soon as possible. We deal with a wide variety of disputes so please get in touch.

Disputes can arise from a variety of sources. Some of the most common are:-

  • Disputes regarding Child Maintenance;
  • Disputes regarding how often the non-resident parent has contact with the child/children;
  • Disputes regarding the introduction of new partners to the child/children;
  • Disputes regarding grandparents having contact with their grandchildren;
  • Disputes regarding the care and upbringing of the children; and
  • Disputes regarding who the child/children should reside with.

We are members of the Family Law Association and believe it is important to explore all methods in trying to resolve these disputes. Your child/children are the ones caught in the middle and it is important to keep the focus on them, rather than any animosity you bear towards your ex-partner. Court proceedings are the last port of call if all else fails.

Avoid taking to Social Media to vent your issues - it is not the place to do it, even if your ex-partner chooses to do so.

If you have tried to agree the above issues with your ex-partner/spouse/grandparent (they have rights to see grandchildren) but have reached a stalemate then please contact us.

There are a variety of options including Mediation or Collaboration. It is best to try these services before launching into court proceedings.

If all else fails then the matter will need to be resolved at court. That will involve the person disputing Residence/Contact lodging an application at court asking the court for orders in respect of the child/children.

No matter what stage you are at please get in touch to discuss your situation and we can guide you through it. 

“I am grateful to the family law department at Jones Whyte for fighting my corner to secure me regular and happy contact with my children following a difficult time in my life”

David D

“It was a distressing time in my life when I asked jones whyte law to represent me on a child custody issue with my wife. Jonathan Kee, the solicitor who advised me and represented me made the situation a lot less stressful, he was friendly, knowledgeable, gave good advice and was easily contactable to discuss aspects of the case. As my situation changed so did what I was seeking in court and Jonathan Kee adapted easily, represented me well and achieved a good outcome. I am very thankful to him for all his hard work.”

Alan Y 

Contact our Child Law Solicitors Glasgow, Scotland

For a confidential discussion about your case with one of our Team, please contact us here or call us on 01413751222. 

Book your Family Law consultation:

0141 375 1222

Take the First Step Now: Get in Touch

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  • I am grateful to the family law department at Jones Whyte for fighting my corner to secure me regular and happy contact with my children following a difficult time in my life David D