Family and Child Law

Family and Child Law

 Contact, Residence, Adoption and Parental Rights and Responsibilities 
The breakdown of a relationship is a stressful and difficult time for all involved. When children are involved emotions and tensions naturally run higher. You need your solicitor to be professional and compassionate and there when needed. We offer robust and sensitive advice always looking to resolve differences amicably and cost effectively where possible

Contact and Residence Orders for Children

We regularly appear in Kirkcaldy and Dunfermline Sheriff Courts for parties looking to have a Sheriff make a decision about where a child should reside and how regularly they should see another parent. It is always best to try and negotiate these matters before going to Court and we have successfully resolved a great many of these important matters without going to Court. Ultimately though if matters cannot be agreed then there is no other option. Often once a Court action is raised the first time a parent generally has to attend Court and be a central part of the process is at a Child Welfare Hearing.

A Child Welfare Hearing is conducted in any way the Sheriff generally sees fit. By the time this hearing comes around the Sheriff will have read the papers lodged by both sides and will often be asked by one parent to make a order allowing them contact with a child or to decide about the residence of a child. The sheriff will normally make interim orders at this stage which means that they become legally binding but subject to variation at a future hearing. Sheriffs can and often do speak directly to parents and parents who are seen to be being unreasonable can often find themselves being directly called to account for their actions. We advise clients how to conduct their case in the best way to secure their relationship with their child while also looking to avoid being seen as unreasonable by the Sheriff. At Child Welfare Hearings the Sheriff can also instruct a Child Welfare Report to be prepared by an independent officer of the Court. These can often give the Sheriff an unbiased view of matters and allow an interim decision to be made.

Sometimes to resolve matters a Proof Hearing is fixed. A Proof is a civil trial where witnesses are called and evidence is led. We have a very successful record of acting for parents at Proof Hearings regarding the contact and residence of children.

Fixed Fee Adoption
We have a very good track record of successfully securing adoption orders of children. These are often on behalf of step parents looking to adopt a child of their partner's previous relationship. Adoption petitions are also often raised by relatives who look after children whose parents are deceased or no longer able to parent their child. 

We offer a fixed fee in respect of this these adoption proceedings which is currently set at £850.00 plus Vat and outlays. It has to be noted that when applying for an adoption order the petitioner is also likely to be responsible for the costs of obtaining a special report from an officer of the court called a Curator Ad Litem. This will be discussed at your initial consultation.

Parental Rights and Responsibilities 

If you are caring for a child and do not automatically have parental rights and responsibilities, then you should seriously consider whether you should apply to be awarded parental rights and responsibilities.

We have acted for countless carers, grand-parents, uncles and aunts who have been looking after other people’s children and who have wished to obtain an official award of parental rights and responsibilities.

Who has parental rights and responsibility?
A mother automatically has parental responsibility for her child from birth.
A father usually has parental responsibility if he’s either:
  • married to the child’s mother
  • listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)
You can apply for parental responsibility if you don’t automatically have it.

Births registered in Scotland
A father has parental responsibility if he’s married to the mother when the child is conceived, or marries her at any point afterwards. An unmarried father has parental responsibility if he’s named on the child’s birth certificate (from 4 May 2006).

Births registered outside the UK
If a child is born overseas and comes to live in the UK, parental responsibility depends on the UK country they’re now living in.

Same-sex parents
Civil partners
Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment.

Non-civil partners
For same-sex partners who aren’t civil partners, the 2nd parent can get parental responsibility by either:
  • applying for parental responsibility if a parental agreement was made
  • becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth
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