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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.
Stonehaven sits within Aberdeenshire in Scotland, so Scottish family law applies. In Scotland the legal terms are different from the word custody. The law talks about parental responsibilities and rights, residence, and contact. Most private child cases for people living in Stonehaven are raised in the Sheriff Court that serves the area, commonly Aberdeen Sheriff Court, rather than a local courthouse in Stonehaven. The focus of the court is always the welfare of the child and the court will only make an order if it is better for the child than making no order.
You may need a solicitor if any of the following apply:
- You and the other parent cannot agree where your child should live or how much time they should spend with each of you.
- You need a formal residence order, contact order, or a specific issue order about things like schooling, surnames, medical treatment, or passports.
- There are concerns about safety, neglect, or domestic abuse that affect contact or handovers.
- You are facing an urgent situation, such as a proposed move within Scotland, elsewhere in the UK, or abroad, or one parent withholding the child.
- You are an unmarried father seeking parental responsibilities and rights or you need to prove or challenge these rights.
- You are a grandparent or other relative seeking contact or residence.
- You need to vary or enforce an existing order because circumstances have changed or an order is not being followed.
- There are international aspects, including potential child abduction issues, Hague Convention returns, or jurisdiction disputes.
- Social work or the Children’s Hearings System is involved alongside a private dispute and you need coordinated advice.
Core legislation includes the Children Scotland Act 1995, the Family Law Scotland Act 2006, the Children and Young People Scotland Act 2014, the Domestic Abuse Scotland Act 2018, and the Children Scotland Act 2020. Key points are:
- Parental responsibilities and rights PRRs: A child’s mother has PRRs automatically. A father has PRRs if he was married to the mother at the time of the child’s conception or later married her, or if he is named on the birth certificate for a child registered in Scotland on or after 4 May 2006. A father without PRRs can obtain them by a registered agreement with the mother or by a court order. Other people, such as grandparents, can apply for orders under section 11 of the 1995 Act.
- Types of orders: Residence sets where the child lives. Contact sets time and arrangements with the non-resident parent or other relatives. Specific issue orders decide a particular disputed matter, for example a school choice or permission to travel. Interdicts and exclusion orders can protect against harmful behavior, including keeping someone away from the family home.
- Welfare and child’s views: The child’s welfare is the paramount consideration. The court must consider the child’s views, taking account of age and maturity. From age 12 there is a presumption that a child is mature enough to express a view, but younger children can be heard in ways suited to them. The court will not make an order unless it is better for the child than making no order.
- Safety and domestic abuse: The 2020 Act strengthened duties on courts to consider the risk of abuse and to tailor contact arrangements to keep children and parents safe, including use of supervised contact where appropriate.
- Procedure in the Sheriff Court: Cases start by Initial Writ. A Child Welfare Hearing is usually fixed early so the sheriff can focus on practical arrangements for the child. The court can appoint a Child Welfare Reporter to investigate and report, and in some cases a curator ad litem to represent the child’s interests. Agreements can be made into a legally binding Minute of Agreement and registered for enforcement.
- Enforcement and variation: If an order is not complied with, the court can take steps that may include further directions, varying contact, or contempt proceedings. Orders can be varied if there has been a material change of circumstances and variation is in the child’s best interests.
- Relocation and travel: Moving within Scotland or abroad with a child should be agreed in writing. Without agreement, the court can decide using a best interests test, weighing factors such as the proposals, schooling, family ties, and practicalities. For foreign travel, the traveling parent usually needs consent from anyone with PRRs or a court order permitting travel.
- Overlapping systems: If child protection issues arise, social work may become involved and the Children’s Hearings System can make compulsory measures for the child’s welfare. Private family court orders and hearings decisions may run in parallel and require careful coordination.
Custody is not the legal term in Scotland. Residence decides where a child lives. Contact regulates time with the other parent or relatives. Both fall under section 11 of the Children Scotland Act 1995 and are guided by the child’s welfare.
The mother has PRRs automatically. A father has PRRs if he was married to the mother at conception or later married her, or if he is named on the birth certificate for a child registered on or after 4 May 2006 in Scotland. Otherwise he can obtain PRRs by agreement with the mother or by court order.
Yes. Anyone with an interest in the child’s welfare, including grandparents, step-parents, and other carers, can apply for orders under section 11. The court will decide based on welfare and the child’s views.
Yes. If anyone else has PRRs, you should obtain their written consent or a court order. Without consent, taking a child abroad can be a criminal or civil matter. For UK travel, consent is still recommended to avoid disputes.
It is an informal court hearing focused on practical arrangements for the child. The sheriff explores issues with the parties and their solicitors and may make interim decisions. The court can appoint a Child Welfare Reporter or make directions to progress the case.
Methods include a child friendly form, meeting with the sheriff, a Child Welfare Reporter interview, or other suitable approaches. The method depends on the child’s age, maturity, and any safety concerns. The child is not required to choose between parents.
Tell your solicitor and the court. The court must consider risks and can order supervised or supported contact, restrict or suspend contact, and make protective orders such as interdicts or exclusion orders. Urgent interim orders can be sought if needed.
Simple cases can resolve within a few months if agreement is reached. Contested cases involving reports, multiple hearings, or proofs evidential hearings can take longer. Timescales depend on urgency, complexity, and court availability.
Costs vary with complexity and whether the case settles early. Civil legal aid or advice and assistance may be available through the Scottish Legal Aid Board, subject to financial eligibility and merits tests. Ask a local solicitor to assess your eligibility.
You can return to court to seek enforcement, variation, or further directions. The sheriff can consider contempt, adjust arrangements, or impose conditions aimed at compliance, always prioritizing the child’s welfare.
Scottish Courts and Tribunals Service - Information about Sheriff Court family procedures, Child Welfare Hearings, forms, and practical guidance.
Aberdeen Sheriff Court and Justice of the Peace Court - The main local court for Stonehaven area family actions, including residence and contact cases.
Law Society of Scotland - Find solicitors experienced in family law and child cases in Aberdeenshire and the north east.
Scottish Legal Aid Board - Guidance on civil legal aid and advice and assistance for family disputes and protective orders.
Relationships Scotland - Family mediation across Scotland, including services in Aberdeen and Aberdeenshire, and child contact centres for supported or supervised time.
CALM Scotland - Lawyer mediators offering family mediation to help parents reach child focused agreements.
Scottish Child Law Centre - Free legal information about children’s rights, PRRs, and court processes.
Citizens Advice Scotland - Independent guidance on separation, parenting arrangements, and money matters.
Aberdeenshire Council Social Work and Family Information Service - Support for families, early help, and advice on local services.
Child Maintenance Service - Government service for assessing and collecting child maintenance, separate from residence and contact decisions.
Police Scotland - Immediate help and protection in emergencies, including domestic abuse incidents and child safety concerns.
- Prioritize safety. If you or your child are in danger, contact Police Scotland on 999. Ask a solicitor about urgent protective measures such as interdicts or exclusion orders.
- Get early legal advice. Speak with a family law solicitor who practices in the Aberdeen Sheriff Court. Ask about legal aid eligibility and likely costs and timescales.
- Gather key information. Collect birth certificates, any existing court orders or agreements, school and medical details, and a record of communication and handovers. Keep a concise, factual log.
- Consider mediation. Where it is safe and appropriate, mediation can help you agree a parenting plan on residence, contact schedules, holidays, and decision making without a full court hearing.
- Avoid unilateral action. Do not relocate or change schools without consent or a court order. Obtain written agreements for travel, especially abroad.
- Focus on the child’s needs. Proposals should be practical and child centered, covering routines, transport, communication, and how to manage disagreements.
- Be prepared for the process. If a case is raised, expect an early Child Welfare Hearing. The court may seek the child’s views and may appoint a Child Welfare Reporter. Interim arrangements are common while evidence is gathered.
- Review and adapt. If circumstances change, seek legal advice about varying orders or recording a new agreement. Keep the child’s welfare at the forefront in any change.
This guide provides general information only. For advice about your specific situation in Stonehaven and Aberdeenshire, consult a Scottish family law solicitor.
