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Child Custody, Contact & Residence

Child Custody, Contact & Residence 

Legal matters concerning children are one of the most complex and sensitive areas of law. At Kee Solicitors, our Glasgow family lawyers specialise in family law and are experienced in resolving child custody, contact and residence issues as painlessly as possible to minimise the distress to children and the family as a whole.

Please get in touch for a free telephone consultation with one of our experienced family lawyers, to discuss the options available to you.

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Streamlined Process

We aim to simplify the process and focus on obtaining results. This reduces both time taken and cost to you.

Expert Advice

Our team of Glasgow family lawyers are on hand, ready to assist you every step of the way. We will guide you through this process, providing effective solutions.

Professional Service

We pride ourselves in providing a professional and accessible service. You’ll be given direct contact details for your Solicitor.

Child Residence & Child Custody

Residence is the term that describes whom the child will live with on a daily basis and was previously known as ‘custody’. It is possible that following a separation, a child will live with one parent, or that the child’s residence will be split between both parties.

Individuals who have Parental Rights & Responsibilities (PR&Rs) in relation to a child have a legal right to have the child reside with them.

If two individuals holding PR&Rs cannot agree where the child will be residing, they can apply to the court that will then make the decision about the child’s residence. A Court will take into account the child’s welfare when making any decision on the child’s residence, before granting a Residence Order.

See below for further guidance on who may hold parental rights and responsibilites in relation to your child or children, or contact one of our family lawyers to discuss your specific circumstances and get advice on child custody or residence.

Child Contact

Contact is the legal term that describes the specified times and dates that the non-residing parent has with their child. This was previously known as access.

A non-residing parent is the parent who the child doesn’t live with on a daily basis. If two individuals both possess PR&Rs and cannot agree on the extent of the contact a child should have with the non-residing parent, they may wish to apply to the court for assistance with the matter. The court has the power to decide on and resolve the dispute, and will give great importance to the child’s welfare when making the decision. A parent who holds PR&Rs for a child has a legal right to have regular and consistent contact with the child, if the child does not live with them on a daily basis.

It is also important to note that in Scots Law, grandparents do not have any immediate rights regarding contact with their grandchildren. The Court will however, consider the child’s welfare to a large degree when assessing the appropriateness of any Court orders.

The court may order direct contact, allowing unsupervised or supervised visits, or allow the child to stay with the non-residing parent temporarily. In some cases, the court order will only allow indirect contact, such as email or telephone calls.

If you have parental rights and responsibilites and need support to establish child contact, our experienced family lawyers can help. Alternatively, if you are an unmarried parent or another relevant person in the child’s life and are looking to have more structured involvement in the child’s life, contact us to find out what steps can be taken to assist you with this.

Thank you Jonathan

What can I say, families, separation and divorce will at some point effect us all or someone close to us. For me personally, I wouldn’t have managed to be where I am today if it wasn’t for Jonathan Kee. Not only a family law solicitor but a friend, he’s supported us, listened to both our views and ensured the children’s best interests were put first, helping me and Chelle gain full residency of my children BUT not only that, now helping me end the worst chapter of my life. Did someone say divorce? Thank you Jonathan.

James
Glasgow

Get In Touch Today

Our family law firm is situated in Stepps, Glasgow and our solicitors are experienced in dealing with child residence and contact. 

A FREE initial telephone consultation allows you to get some advice on your situation and offers you an insight into how we work before you make any financial commitments.

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Contact us now to arrange a free, no-obligation telephone consultation


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Do I have Parental Rights & Responsibilities?

Parental Rights and Responsibilities (PR&Rs) are the rights and responsibilities associated with a parent who is legally responsible for the safeguarding and promotion of their child’s development and welfare. Other legal responsibilities include, guidance, and maintaining and promoting contact as well as the responsibility to act as the child’s legal representative.

It is not always the case that parents will both automatically have PR&Rs. A child’s biological mother automatically acquires PR&Rs at birth, whereas the father will obtain them if:

  • the child’s father is married to the child’s mother at the time of conception or any time after;
  • or where he is not married to the child’s mother but is named as the father on the child’s birth certificate. (This applies for children born after 4 May 2006, but if the mother does not consent to this taking place, the father will be required to obtain an Order from the Court conferring PR&Rs.)

Where children are born before 4 May 2006, and the father is not married to the child’s mother and does not marry the mother after the birth, despite being named as the child’s father on the child’s birth certificate, that father will not hold PR&Rs without obtaining an Order for PR&Rs from the Court or by entering into a PR&Rs Agreement.

It is also possible for more than two individuals to hold PRR at one time. Quite often Step-Parents, Grandparents or other third parties who “claim an interest” in the child can apply for PR&Rs by way of a Parental rights and responsibilities agreement or by court order. At Kee Solicitors, we will happily assist in resolving any of these issues.

How We Can Help

Our team of Glasgow family law specialists are ready to support you on a number of different family-related issues. We specialise in Children’s Hearings, Adoption Process & Guardianship. Find out more about how Kee Solicitors can help you.

Childrens Hearings

Childrens Hearings

Our experience in Children’s Hearings allows us to advise and represent you through this process.

Adoption

Adoption

For those who are looking to adopt a child or oppose the process, Kee Solicitors can guide you through the next steps.

Guardianship

Guardianship

If you want to appoint a guardian for your child you can set out your intentions in your Will. Our family lawyers will clearly explain your options.

Still have Questions?

We will guide you through this process with dignity, providing effective solutions at cost effective prices to achieve the best outcome for you. Speak to an experienced family lawyer today.

Call us on 0141 648 9214

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