Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Browse our 1 legal question about Child Custody in United Kingdom and the lawyer answers, or ask your own questions for free.
In Scotland, what many people call child custody is legally described as parental responsibilities and parental rights, often shortened to PRRs. If parents cannot agree on where a child should live or how much time the child should spend with each parent, the court can make orders about residence and contact under section 11 of the Children Scotland Act 1995 as updated by later legislation. In Aberdeen, these cases are usually heard at Aberdeen Sheriff Court. The child’s welfare is the court’s paramount consideration, and the child’s views are actively sought and taken into account where the child is capable of expressing a view.
Most families resolve matters by agreement, sometimes using mediation. Where necessary, the court can intervene quickly, hold a child welfare hearing, and make temporary or longer term orders. Decisions are tailored to each family’s circumstances and to what best promotes the child’s welfare and safety.
Although some parents resolve issues informally, a family solicitor can be vital in situations such as the following.
- You and the other parent disagree about residence or contact and discussions have broken down.
- There are allegations of domestic abuse, neglect, substance misuse, or other safety concerns.
- One parent plans to relocate within the UK or abroad with the child and the other parent does not consent.
- A parent is being denied contact, or court orders are being breached and enforcement is needed.
- You need to formalise an agreement in a binding way, for example by a minute of agreement or by a court order.
- You are a grandparent, step parent, or other relative seeking contact or residence.
- Social work is involved, or there is a Children’s Hearing, and you need advice about how that affects contact and residence.
- There is a risk the child may be taken out of Scotland without consent and urgent protective measures are required.
- You need advice on legal aid, costs, and the practical steps for court, mediation, or supervised contact.
- Terminology and legal framework. Scotland uses PRRs, residence orders, and contact orders rather than the England and Wales term child arrangements order. The core law is the Children Scotland Act 1995 as amended by the Family Law Scotland Act 2006, the Children and Young People Scotland Act 2014, and the Children Scotland Act 2020.
- Paramountcy of welfare. The child’s welfare is the court’s paramount consideration. The court must actively consider the least intervention necessary and will only make an order if it is better for the child than making no order.
- Hearing the child. The court must give the child an opportunity to express views, taking account of age and maturity. There is a presumption that a child aged 12 or over has sufficient maturity to form a view, but younger children can and do have their views heard if capable. The 2020 Act strengthened duties to obtain and consider children’s views and to explain decisions to children where practicable.
- Parental responsibilities and rights. Mothers have PRRs automatically. Fathers have PRRs if married to the mother at the time of the child’s conception or subsequently, or if named on the birth certificate for children registered on or after 4 May 2006. Others, including grandparents or step parents, can apply for PRRs or for specific orders.
- Residence and contact. Residence decides where the child lives. Contact sets out time with a non resident parent or other person. Orders can be very specific about times, holidays, and communication, and can include conditions such as handover arrangements or supervised contact.
- Child welfare hearings. Most cases begin with an initial writ in the Sheriff Court. The court will usually fix a child welfare hearing at an early stage, often within weeks, to encourage focus on the child and practical solutions. The court can make interim orders pending a final decision.
- Safety and domestic abuse. The court prioritises safety. It can order supervised or supported contact or no contact where risk is established. Interdicts and exclusion orders may be available to protect a parent and the child.
- Relocation. A parent needs the consent of everyone with PRRs or a court order to relocate a child outside Scotland. Disputes are decided on best interests, considering factors such as the child’s relationships, education, and proposed contact arrangements.
- Enforcement. If an order is breached, the court can vary the order, attach conditions, refer to a child welfare reporter, or in serious cases use contempt powers. The 2020 Act introduced regulation of child welfare reporters and child contact services to improve quality and consistency.
- Children’s Hearings. Where a child is subject to a Compulsory Supervision Order, a Children’s Hearing can regulate contact. Court actions and hearings processes may intersect and require specialist advice.
- Aberdeen context. Most family cases for Aberdeen residents are dealt with at Aberdeen Sheriff Court. Local child contact services and mediators operate in the area, and Aberdeen City Council social work services may be involved where welfare or protection issues arise.
Custody is a non technical term commonly used by the public. In Scots law, residence is where the child lives and contact is the time a child spends with a parent or other person. Parental responsibilities and rights cover broader duties and decision making, such as safeguarding health, guiding the child, and decisions about education and medical treatment.
Not always. Many parents use a parenting plan or enter into a minute of agreement drafted by solicitors. A registered minute of agreement can be enforceable. If you want the certainty of a court order or if there is a history of non compliance or safety concerns, applying for an order may be appropriate.
The child’s welfare is paramount. The court considers the child’s needs, routines, attachments, safety, each parent’s ability to meet needs, the history of care, any risks, and the child’s views. Orders are made only if better for the child than making no order.
Yes. Children who are capable of forming a view should be given an opportunity to express it. This can be by a child welfare reporter, a form or letter, or in some cases by speaking to the sheriff. Greater weight is usually given to the views of older children, but each child is different.
It is an informal, focused hearing where the sheriff looks for practical steps to meet the child’s needs and may make interim orders. Parties usually attend with their solicitors. The court may order reports, set timetables, and encourage agreement where safe and appropriate.
Tell your solicitor immediately. The court can make protective orders, restrict or supervise contact, or order no contact. Evidence such as police reports, medical records, and messages can be important. Safety for the child and the non abusive parent is a priority.
If moving outside Scotland, you need consent from all with PRRs or a court order. Even a significant move within Scotland may justify a court application if it affects existing arrangements. The court looks at best interests, including schooling, family support, and realistic contact proposals.
Your solicitor can apply back to court for enforcement or variation. The court may adjust arrangements, involve a child welfare reporter, order supervised handovers, or in serious cases use contempt powers. The focus remains on what is best for the child rather than punishment.
They do not have automatic PRRs, but they can apply for a court order for contact or residence. The court will consider the child’s welfare and the value of those relationships. Many extended family arrangements are agreed without court after mediation.
Simple cases can resolve within a few months, especially if agreement is reached at an early stage. Contested cases with reports, experts, or proofs can take longer. Costs vary with complexity. Civil legal aid or advice and assistance may be available through the Scottish Legal Aid Board, subject to means and merits tests.
- Aberdeen Sheriff Court, Scottish Courts and Tribunals Service.
- Law Society of Scotland, Find a Solicitor, Accredited Specialists in Family Law.
- Scottish Legal Aid Board, information on legal aid for family cases.
- Scottish Child Law Centre, free legal information for children and families.
- Clan Childlaw, legal help for children and young people.
- Relationships Scotland, family mediation and child contact centres, including services in Aberdeen.
- Scottish Mediation, information on family mediation.
- Citizens Advice Scotland and local Aberdeen Citizens Advice Bureau.
- Aberdeen City Council, social work and family support services.
- Police Scotland and the Scottish Government Central Authority for international child abduction matters under the Hague Convention.
- Prioritise safety. If there is risk to you or your child, seek immediate support from the police or local domestic abuse services and tell your solicitor.
- Gather information. Note current arrangements, concerns, key dates, and any incidents. Keep messages, emails, school letters, and relevant records.
- Seek early legal advice. Contact a family solicitor experienced in Scottish child law, preferably an accredited specialist. Ask about legal aid if cost is a concern.
- Consider mediation. Where safe, mediation can help reach a practical agreement, reduce conflict, and avoid court. It is not suitable where there is abuse or coercive control.
- Formalise agreements. Use a parenting plan, a negotiated minute of agreement, or if needed apply for a court order to provide certainty and enforceability.
- Be child focused. Propose arrangements that support your child’s routine, schooling, relationships, and wellbeing. Be ready to explain how your proposals meet your child’s needs.
- Prepare for court. If an application is necessary, your solicitor will draft the initial writ and seek an early child welfare hearing. You may be asked to provide statements, witness details, and information for any reports.
- Avoid unilateral changes. Do not withhold contact or relocate without legal advice unless required for safety. Courts look unfavourably on abrupt changes that are not in the child’s interests.
- Keep communicating. Polite, clear communication and reliable timekeeping help build trust and can influence court decisions. Use apps or written channels if direct contact is difficult.
- Review and adapt. As children grow, arrangements may need to change. Review what is working, and seek legal help early if adjustments or variations are needed.
This guide is general information, not legal advice. A local Scottish family law solicitor can provide tailored guidance for your situation in Aberdeen.
