• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
We have moved! Find out more and read our Covid-19 update.
Edinburgh 0131 202 7516
Glasgow 0141 404 0436
  • Home
  • Blog
  • About Us
  • Testimonials
  • Contact Us
  • Fees

Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

  • Divorce & Separation
    • Divorce in Scotland
    • Separation Agreements
    • International Divorce
    • Cohabitation Rights Scotland
    • Dissolution of Civil Partnerships in Scotland
    • How Can I Resolve My Divorce Dispute?
    • Fixed Fee Family Law Promotion
  • Prenups & Cohabitation
    • Cohabitation Agreements
    • Civil Partnership Agreements
    • Prenuptial Agreements
    • Postnuptial Agreements
  • Child Law
    • Child Residence & Contact Scotland
    • International Relocation of Children
    • Adoption
    • Child Abduction
    • Dispute Resolution Options
    • Hague Convention
    • Education Law
  • Wills & Estate Planning
    • Intestacy
    • Wills & Will Writing
    • Executries
    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
    • Cost of Care
    • Trusts
    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
  • Financial & Tax
    • Financial & Tax Planning
    • Inheritance Tax
    • Insurance Advice
    • Settlement Agreements
  • Residential Property
    • Properties for Sale
    • Buying Property
    • Selling Property
    • Videos: Buying and Selling Property
    • Joint Purchaser Agreements
    • Equity Release
    • Mortgage Advice
    • LBTT / Stamp Duty Scotland
    • Property Transfers
    • Home Reports
    • How to Present Your Property for Sale
    • Boundary Disputes Solicitors
Blog

Family Law: Disputes Regarding Children

6th December 2017 by Fiona Rasmusen Posted Under: Child Law, Family Law

child abduction lawyers

Unfortunately, many disputes regarding children become the subject of litigation. It is most often the case that it is better to resolve differences of opinion regarding children by other methods, but sometimes parties simply cannot reach agreement and then there are times when one party will raise court proceedings. In these circumstances, a judge, normally a Sheriff, is asked to make a decision in relation to the children.

Can disputes be resolved without going to court?

There are several other ways that these kinds of disputes can be resolved short of going to court. Parties can, for instance, mediate. This involves the parents having a series of meetings together with a trained family mediator present. The mediator’s role is to facilitate discussion between the parties and to try to help the parties move towards a constructive discussion which hopefully results in agreement.

Other alternative methods of dispute resolution are collaborative law and arbitration. All of these methods have their own advantages and disadvantages. However, it is generally acknowledged that court proceedings tend to be polarising; they are also stressful and can be very expensive.

Having said that, courts are increasingly making efforts to ensure that the court process is less stressful and in particular, meets the needs of the child.

Do children get a say in the matter?

Legislation in Scotland in the form of the Children (Scotland) Act 1995 provides that if there is a dispute before a court involving a child, the child must be given the opportunity to express a view if the child is deemed to be of sufficient age and maturity. It is generally the case that a child of 12 and over will be considered of sufficient maturity to express a view. In these circumstances, the child is often given the option of completing a form in which they will express their views and send this directly to the Sheriff. There are other ways in which children’s views can be heard. Often courts will appoint a child welfare reporter who is a person experienced in child law who will visit the child, often at school, and chat to them about their views. These views and other surrounding context will be reported back to the court by the child welfare reporter. These kinds of reports can be very useful for Sheriffs in making decisions about children.

Sheriffs can also engage the services of child psychologists in a number of different ways. Child psychologists can be used to report on a child’s views; but they can also be used for other tasks, such as facilitating handovers and supervising contact between an absent parent and the child. Furthermore, courts are now starting to consider sending families for family therapy. This can be an option in situations where relations have broken down between the two parents and the result is that one parent has been completely removed from the life of the child.

It is the view of the courts that in the overwhelming majority of cases it is in the child’s best interests to grow up having a relationship with both parents. There is much evidence to show that where this does not happen, the child can suffer psychological difficulties later on and into their adult life.

Sometimes difficulties can arise when children’s views are sought. Children can find themselves under intense pressure from one or both parents. In addition, if they give a view that they do not wish to see their absent parent, there is some evidence to suggest that this can rebound on the child later in life. There may be feelings of guilt and loss and self-reproach. The seeking of children’s views must, therefore, be handled with great care and parents should understand that when a court makes a decision, the guiding principle, indeed the paramount consideration, is the best interests of the child. This takes precedence over any rights of either parent and of the interests of each parent.

Happily, most of these court cases do tend to resolve themselves eventually, but sadly there is a small number of cases where children are permanently estranged from one parent. This is always a difficult outcome to accept, but sometimes a court will take the view that it is the least worst option in all the circumstances.

At Gibson Kerr, our solicitors are experienced in this kind of work and we take much time to consider how matters can be moved forward in the most constructive way for our clients. Contact one of our experienced family law solicitors today on 0131 220 9642 or email info@gibsonkerr.co.uk.

You can read more about Child Law at our website here.

Related

Karen Wylie Accredited Mediator

Family Law experts push to become mediation market leader

28th April 2022

Big Staff Moves Underpin Gibson Kerr’s Growth Plans

Big Staff Moves Underpin Gibson Kerr’s Growth Plans

18th February 2022

New Office Underpins Gibson Kerr Growth Ambitions

New Office Underpins Gibson Kerr Growth Ambitions

27th January 2022

Primary Sidebar

Blog Categories

  • Careers in Law
  • Child Law
  • Divorce
  • Education Law
  • Elderly Care
  • Executries
  • Family Law
  • Financial & Tax
  • Guardianship
  • News
  • Personal Law
  • Power of Attorney
  • Prenuptial and Cohabitation Agreements
  • Property
  • Property Transfers
  • Separation
  • Trusts
  • Uncategorised
  • Wills

Latest posts

Family Law experts push to become mediation market leader

28th April 2022

Purdie & Co trust Gibson Kerr with Wills and Powers of Attorney

18th March 2022

International Women’s Day #BreakTheBias

8th March 2022

Footer

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

100 West George Street
Glasgow
G2 1PJ

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

  • Family Law
  • Personal Law
  • Property Law
  • Home
  • Blog
  • Disclaimer
  • Cookie Policy
  • Privacy Policy
  • Legal Notice

© 2022 Gibson Kerr · Site by Kate Amann

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. See our cookie policy.
Cookie SettingsReject AllAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent1 yearRecords the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gat_gtag_UA_110715042_11 minuteSet by Google to distinguish users.
_gcl_au3 monthsProvided by Google Tag Manager to experiment advertisement efficiency of websites using their services.
_gid1 dayInstalled by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT2 yearsYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
fr3 monthsFacebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysGoogle DoubleClick IDE cookies are used to store information about how the user uses the website to present them with relevant ads and according to the user profile.
test_cookie15 minutesThe test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
VISITOR_INFO1_LIVE5 months 27 daysA cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSCsessionYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devicesneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-idneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
Powered by CookieYes Logo