CONTACT & RESIDENCE

Whenever a couple separate it is difficult for both parties, however when there are children involved the difficulty can be enhanced. 

 

At MacBeath Family Law we will guide you through the process in a sensitive and practical way.

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The best way to resolve issues around residence and contact is through agreement between you and the other party.  However this is not always possible and should you need to raise a court action we can help.  We will present your position to the Sheriff in a clear and concise manner which enables the Sheriff to understand the issues and make a decision based on the facts.

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Five things to note if you are separating when children are involved.

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1. Rights & Responsibilities

People who hold parental rights and responsibilities will in usual circumstances be granted contact or residence of the children.

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2. Residence

The parent with residence is who the children live with.  The parent who exercises contact is whom the child visits regularly.  The level of contact a parent exercises with their children will vary depending on the individual circumstances of the case.

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3. Money

The contact a parent has with their child cannot in any way be linked to the level of child maintenance they do or don’t pay towards the children's upkeep.

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4. Handover

Handover is the term used when the child is transferred between parents.  There are many ways this can be achieved and parents do not necessarily need to see each other.

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5. Flexibility

Flexibility is key to any agreement or court order so that it can adapt as necessary as the child grows up and has different needs and circumstances.