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Child related issues

When dealing with the breakdown of any relationship, if you have children, then we understand that their well being will be the most important thing to you.  The Pagan Osborne family law team can advise you of the different ways to resolve issues and give you clear advice in the following areas of child law:

Parental rights and responsibilities

Residence 

Contact

Relocation

Adoption

Parental rights and responsibilities

Married fathers, and also unmarried fathers whose name is on their child’s birth certificate, for children born after 4 May 2006, will automatically have equal parental rights and responsibilities (PRR) in relation to their children.  The rights and responsibilities relate to rights of residence, contact, decision making on education and medical issues and also to act as a child’s legal representative.  

If there is conflict about how to exercise the equal rights of parental rights and responsibilities, we can assist. We would always encourage discussion / negotiation about issues in dispute, before considering taking matters to court.  Ultimately, it comes down to what is in the child’s best interests.   

Residence (used to be known as “custody”)

Residence relates to where the child has their main place of residence i.e. where they live. The concept of residence replaced the concept of custody.  We have significant experience in advising in residence disputes. 

Contact (used to be known as “access”)

Contact is the legal term used to refer to a person having contact with a child who does not live with them.  Contact arrangements can sometimes be difficult to agree and we can assist you with trying to reach an amicable agreement with your ex partner.  The child’s welfare / best interests are the most important thing and we would take a child-centred approach to advising you.

Relocation 

Where one parent wishes to move to a different country with the child and the other parent opposes this, there are various legal issues which need to be addressed.  Depending on whether the relocation is within Scotland, within the United Kingdom or further afield, different issues will arise.  We can advise you and guide you through this process. 

Adoption

Adoption is a formal legal process in which all the rights and responsibilities relating to a child are transferred to the adoptive parents. If an adoption order is granted by a court, it makes the adopter the child’s legal parent.  We can guide you through the adoption process and apply to the relevant court for an adoption order to be made in your favour. 

you can visit the Relationship Scotland website if you still need any more information regarding the above.

If you would like to discuss any child related issue, please contact Jennifer Broatch or Cameron Shaw in our family law team.  Alternatively, please call 0131 226 4081 for Edinburgh, or 01334 475 001 for Fife

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Not sure where to start? Why not just give us a call today on
0131 624 6820 for Edinburgh or 01334 475001 for Fife to discuss your needs.

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GET IN TOUCH

Want to work with a local, friendly company? Then find your nearest Pagan Osborne office to you below. However, we also work with clients throughout the UK so you can call any of our numbers and our helpful reception staff will be happy to forward on your call to the most appropriate expert to suit your needs.

Edinburgh
Clarendon House
116 George Street
Edinburgh
EH2 4LH Call Us
Tel: 0131 624 6820
Fax: 0131 220 1612
2 Comiston Road
Morningside
Edinburgh
EH10 5QE Call Us
Tel: 0131 539 3333
Fax: 0131 538 7204
St Andrews
106 South Street
St Andrews
Fife
KY16 9QD Call Us
Tel: 01334 475001
Fax: 01334 476322
Cupar
12 St Catherine Street
Cupar
Fife
KY15 4HH Call Us
Tel: 01334 653777
Fax: 01334 655063
1 Crossgate
Cupar
Fife
KY15 5HA Call Us
Tel: 01334 656525
Fax: 01334 654119
Anstruther
Pagan Osborne
5a Shore Street
Anstruther
Fife
KY10 3EA Call Us
Tel: 01333 310703
Fax: 01333 311918

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