Parental Rights

Where there are children, the breakdown of a marriage, civil partnership or cohabiting relationship will inevitably give rise to questions of parental rights and responsibilities such as residence (custody), contact (access) and maintenance.

In most cases, parents agree their children’s future care arrangements and those arrangements are recorded in a Separation Agreement.

Absent agreement, either party can apply to the Sheriff Court for one or more parental rights orders in relation to their children.

The most commonly sought orders are for residence (an order directing with who the children reside) and contact (an order directing who they will visit and spend time with). In determining an application, the Court has regard to the welfare of the children as its paramount consideration, the so-called ‘welfare principle’.

For advice and assistance, please contact us on 0141 204 7844, at mail@cameronmacaulay.law, or complete our online form.