Frequently Asked Questions About Child Custody in Scotland

Child custody matters can be emotionally challenging and complex to navigate. In Scotland, the legal framework surrounding child custody aims to prioritise the best interests of the child. Read on as we address some commonly asked questions regarding child custody in Scotland, providing clarity and guidance to parents going through this difficult process.



What is child custody?

Child custody refers to the legal and physical care of a child. It involves determining where the child will live, who will make decisions regarding their upbringing, and how much time each parent will spend with the child.

What is the legal age for a child to have a say in custody decisions?

In Scotland, there is no specific legal age for a child to have a say in custody matters. The court may consider the views of a child depending on their age, maturity, and ability to express their opinions.

What factors does the court consider when deciding child custody?

The court considers various factors, including the child's welfare and best interests. This involves assessing factors such as the child's relationship with each parent, their physical and emotional needs, their wishes (if appropriate), and the ability of each parent to provide a safe and stable environment.

What types of child custody arrangements exist in Scotland?

In Scotland, child custody arrangements can be broadly categorised as sole custody, joint custody, or shared custody. Sole custody grants one parent full responsibility for the child's upbringing. Joint custody allows both parents to share decision-making responsibilities, while shared custody involves the child spending roughly equal time with both parents.

Can child custody arrangements be modified?

Child custody arrangements can be modified if there is a significant change in circumstances or if the current arrangement is no longer in the child's best interests. It is important to seek legal advice and apply to the court for modification.

What is a parenting plan, and is it legally binding?

A parenting plan is a written agreement between parents that outlines how they will share responsibilities and make decisions regarding their child's upbringing. While not legally binding, a well-drafted parenting plan can be highly influential when the court considers child custody matters.

How can parents resolve child custody disputes without going to court?

In Scotland, alternative dispute resolution methods such as mediation or negotiation are encouraged to resolve child custody disputes. These methods can help parents reach a mutually satisfactory agreement without the need for court intervention.

What are parental rights and responsibilities?

Parental rights and responsibilities refer to the legal rights and obligations that parents have towards their child. These include providing the child with a safe environment, making decisions about their education, healthcare, and upbringing, as well as maintaining a meaningful relationship with the child.

Here at DJP Solicitors, we deal with matters such as child custody, access, residence and contact. For expert family law advice, get in touch with us today.