CONTACT & RESIDENCE
When a relationship ends, your bond with your children shouldn't
Nothing in family law hurts like being kept from your children. And nothing is more urgent — because every week that passes becomes the “status quo” a court is later asked to consider
THE SITUATION YOU’RE IN
For most parents, the hardest part of a separation isn’t the house or the money — it’s the children
Where will they live? What will the arrangements be? And what happens when the other parent won’t play fair?
That looks different depending on where you’re standing. You might be a parent being kept from your children, or seeing them far less than you should. Or you might be the parent your children live with, dealing with someone who cancels at the last minute, returns them late, ignores what was agreed, or drifts in and out of their lives — leaving you to pick up the pieces and explain it to a child who doesn’t understand.
Both are exhausting. Both are worth doing something about.
WHAT THEY MEAN
Residence and contact — what they mean
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Residence is about where a child mainly lives. Contact is about the time a child spends with the parent they don’t live with. Both can be agreed between parents, or, where agreement isn’t possible, decided by the court through a section 11 order under the Children (Scotland) Act.
Most parents, with the right guidance, are able to reach an arrangement without going to court — and that is almost always better for the children, who do best when they’re kept out of the conflict. Where agreement is possible, we’ll help you reach one that works and record it clearly.
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Sometimes agreement isn’t possible — because the other parent won’t engage, keeps changing the arrangements, or is stopping you from seeing your children altogether. When that happens, you need someone who will act.
We will move quickly to protect your relationship with your children, and, where necessary, apply to the court for the contact or residence order you need. We advocate firmly for parents who are being unfairly shut out — while always keeping the focus where the court keeps it: on what is genuinely best for the child.
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Every family is different, and so is every client. Most parents, with the right guidance, can reach an arrangement without going to court — and that is almost always better for the children, who do best when they’re kept out of the conflict. Where agreement is possible, we’ll help you reach one that works and record it properly, so it can’t be quietly rewritten later.
Where the other parent won’t engage, won’t stick to what was agreed, or is stopping contact altogether, we act. We move quickly, and where necessary we apply to the court for the order that puts things on a proper footing — whether that’s securing the time you should have with your children, or bringing certainty and structure to arrangements that keep breaking down.
Throughout, we keep the focus where the court keeps it: on what is genuinely best for the child. That isn’t only the right approach — it’s the one that succeeds.
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In any decision about a child, the court’s overriding concern is the child’s welfare — not the wishes of either parent. That means the strongest position is always the one that shows what’s best for your child, and part of our job is to help you present your case in exactly those terms. We’ll be honest with you about what’s realistic, and determined in pursuing it.
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Whatever your situation — whether you’re being kept from your children or left holding things together when the other parent lets them down — get advice early. The sooner arrangements are on a clear footing, the better for everyone, especially the children.
Speak to a solicitor — 01389 756 785
WHAT WE DO
What we can help with
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Residence
Where your children mainly live
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Contact
The arrangements for time with the other parent
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Section 11 orders
Applying to the court where agreement isn’t possible
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Enforcing arrangements
Where an order or agreement is being ignored or breached
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Varying existing orders
When circumstances change, or arrangements have stopped working
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Relocation
Where one parent wants to move away with the children
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Grandparents’ contact
Grandparents have no automatic right to contact, but do have the right to ask the court for it, and often succeed where a warm, established relationship exists
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Parental responsibilities and rights
Including for unmarried fathers
THE NEXT STEPS
How we approach it
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A firm solicitor’s letter resolves more contact disputes than most people expect — faster and far cheaper than court.
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You’ll know the cost of each stage before it begins.
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If the other side won't be reasonable — or where children's welfare or your safety demands it — we raise proceedings and represent you robustly in the Sheriff Court. You'll never be pushed into court to run up fees, and never held back from it when it's the right move.
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Legal aid is often available for contact and residence cases, subject to means and merits — and for many parents this is the difference between enforcing their rights and giving up. We assess eligibility free at the first appointment. If you don’t qualify, our hourly rates are published on our fees page.
OUR COSTS
What it costs
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Fees
Legal aid is available for many contact and residence cases, and we’ll check whether you qualify on the first call. Where legal aid isn’t available, we charge on a clear hourly basis, agreed with you at the outset, and keep you updated on costs as your case progresses. You will never receive a bill you weren’t expecting.
WHAT TO DO NOW
Essential steps to take right now
01
Get advice early
The sooner you know where you stand, the more options you have — and the calmer the path tends to be.
02
Try to agree
Most arrangements are best reached between parents. We’ll help you work out what’s realistic and put it to the other parent properly.
03
Record what’s agreed
A verbal arrangement is worth little when it breaks down. We’ll set it out clearly in a Minute of Agreement so everyone knows where they stand.
04
Apply to the court if agreement isn’t possible
Where the other parent won’t engage, we apply for a section 11 order for contact or residence.
05
Attend the Child Welfare Hearing
The sheriff will speak to both sides, identify the issues, and decide how matters proceed. We prepare you fully for this.
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Reach a final order or agreement
Many cases settle before a full hearing. Where they don’t, we’ll be ready.
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Review as things change
Children grow, circumstances shift. Orders and agreements can be varied when they need to be.
FAQ’S
Question? We have answers
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Not necessarily. Most parents reach an agreement without a court action, and that is usually better for everyone — particularly the children. Court is there for when agreement genuinely isn’t possible.
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Get advice quickly. We can write to them, and if that doesn’t resolve it, apply to the court for a contact order. The longer contact is broken, the harder it can be to restore — so early action matters.
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No. There is no presumption in favour of either parent. The court’s only concern is what is best for the child.
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It depends on when your child was born and whether you’re named on the birth certificate. Unmarried fathers don’t always have automatic parental responsibilities and rights — but they can be obtained. We can advise on your position.
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Often, yes. The court takes a child’s views into account, giving them more weight as the child gets older. This may be done through a child welfare reporter, or the sheriff may speak to the child directly.
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Yes. Grandparents don’t have an automatic right to contact, but they do have the right to ask the court for it — and where there’s an established, loving relationship, applications often succeed.
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Where an order is in place and being breached, there are steps the court can take. We’ll advise on the most effective approach for your circumstances.
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It varies widely. An agreed arrangement can be settled in weeks; a contested court action can take considerably longer. We’ll give you a realistic picture for your case at the outset.
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Often, yes. We’ll check whether you qualify on the first call.
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Yes. Where an order or agreement is being ignored, there are steps the court can take, and sometimes a clearer, more structured order is enough to stop the problem. We’ll advise on what’s likely to work in your circumstances.
CONTACT US TODAY
Worried about seeing your children
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Let's talk about your case
A confidential first conversation, at no obligation. Tell us what's happened — we'll tell you exactly where you stand and what happens next.
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