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
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.
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 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