Enforcing a contact order in Scotland has come into sharp focus. A Sheriff recently jailed a parent for seven days for deliberately blocking their child’s relationship with the other parent. The case is a clear reminder that a contact order is a binding court order, not an optional arrangement. A resident parent has a positive duty to encourage contact, and a child saying they do not want to go is rarely a lawful excuse to stop it.
Many separated parents worry about being shut out of their child’s life. For them, this recent decision shows just how seriously the Scottish courts treat contact orders. Equally, for a resident parent who has genuine concerns about contact, it is a warning about the wrong way to act on them.
The case was heard at Glasgow Sheriff Court, and the judgment has been anonymised to protect the child. We have therefore avoided any identifying detail. What matters for other families is not the individuals, but the legal principles the Sheriff applied, because those principles apply right across Scotland.
In this article, we explain what the court decided, why the penalty was so severe, and what it means if contact in your own family is breaking down.
What the Court Decided
The father held a contact order granting him time with his daughter three times a week. The order had been in place since 2023, and for almost two years contact worked well. Then, in the spring of 2025, contact stopped altogether. Over the following year the child missed more than 150 arranged visits.
The mother’s explanation was that the child no longer wished to see her father. However, the court found that she had done far more than passively accept the child’s reluctance. She had actively obstructed contact. This included removing the father as a school emergency contact, collecting the child early to prevent handovers, blocking his calls and messages, and moving home and school without telling him.
Sheriff Stuart Reid found the mother in contempt of court. He described her disregard of the order as deliberate and prolonged, and her conduct as, in his words, “protracted, brazen and entrenched”. Because a financial penalty was considered insufficient, he ordered that she be imprisoned for seven days. You can read the full judgment on the Scottish Courts website.
The Duty to Encourage and Support Contact
The heart of this case is a principle that surprises many parents. In Scots law, a resident parent does not simply have to permit contact. They have a positive duty to encourage, promote and facilitate it.
This duty is long established. In the well-known case of Blance v Blance, the court explained that a parent does not meet their obligation by merely leaving it to the child to decide whether to go. Instead, the parent should persuade, encourage and, if necessary, firmly instruct the child to attend contact, stopping short only of physical force.
The courts have described this as using both “the carrot and the stick”. For an older child, it means reasoning and explaining rather than simply giving in. As one senior judge memorably put it, parenting can be “a very big ask”, but getting a child to do something they would rather not, whether that is homework, a dental appointment or contact with a parent, is part of the job.
Why “The Child Did Not Want to Go” Was Not Enough
Many parents assume that if a child refuses contact, that is the end of the matter. This case shows why that assumption is dangerous.
The court accepted that a child’s views matter. Under section 11 of the Children (Scotland) Act 1995, a child’s wishes must be heard and given weight according to their age and maturity. Even so, the Sheriff drew a crucial distinction. The question was not whether the child now wished to see her father. It was what the mother had actually done to encourage and support the relationship the court had ordered.
On the evidence, the answer was very little. The mother could point to no real steps taken to promote contact, and a great deal done to prevent it. A child’s stated reluctance, the court held, cannot be used as a shield for a parent’s own failure to comply. This is true whatever the child’s age.
When Genuine Concerns Do Justify Changing Contact
It would be wrong to read this case as saying contact must always continue no matter what. The law recognises that there are genuine exceptions.
Where there is a real risk of harm to the child, or to the resident parent, a parent may have a reasonable excuse for not complying with a contact order. Safety always comes first. The difficulty for the mother in this case was that no such risk was ever suggested, let alone proved. Her position rested solely on the child’s preference.
Crucially, the lawful way to deal with genuine concerns is not to stop contact unilaterally. It is to apply to the court to vary or suspend the order. A parent who takes matters into their own hands, rather than returning to court, exposes themselves to exactly the kind of finding made here. If you have real worries about your child’s safety, the right step is to seek advice and ask the court to change the order, not to ignore it.
What This Means if Contact Is Breaking Down
For a parent being denied contact, this decision is reassuring. It confirms that a contact order carries real weight, and that the courts will enforce it, ultimately by imprisonment where a breach is serious and deliberate. Enforcing a contact order in Scotland begins with evidence, so keep a clear record of missed visits, cancelled handovers and any messages about them.
For a resident parent, the message is equally clear. If contact is causing genuine problems, raise them properly. Talk to a solicitor, consider mediation, and if necessary ask the court to vary the order. What you should not do is quietly stop contact and hope the issue goes away.
Whichever position you are in, early advice makes a real difference. Our fuller guide to child contact and residence arrangements in Scotland explains the wider framework. Where separation also involves property or finances, our articles on financial provision on divorce and Minutes of Agreement may also help.
Why Choose Pomphreys?
Pomphreys has been advising families across Wishaw and North Lanarkshire for well over a century. We understand that disputes about children are rarely just legal problems. They are among the most stressful experiences a family can go through.
Iain Wilson, Partner and family law specialist, leads our work on contact and residence disputes. Whether you are struggling to see your child, or facing an allegation that you have breached a court order, Iain will give you honest, realistic advice and steady guidance at every stage.
Our aim is always the same: to protect your relationship with your child while keeping the focus where the law puts it, on your child’s welfare.
Speak to Our Family Law Team
If contact with your child has broken down, or you have concerns about an existing order, we are here to help. Contact Pomphreys for a confidential discussion with our family law team. Call us on 01698 373365 or get in touch through our website
Frequently Asked Questions about Enforcing a Contact Order
Can you be sent to prison for breaching a contact order in Scotland?
Yes. A contact order is a court order, and deliberately disobeying it is contempt of court. In serious cases the court can impose a fine or even imprisonment. This is a last resort, used where a breach is wilful, prolonged and without reasonable excuse. In the recent Glasgow case, a parent was jailed for seven days after repeatedly blocking contact. Most situations are resolved long before this stage, particularly with early legal advice.
What does contempt of court mean in a child contact case?
Contempt of court is the deliberate disobedience of a court order. To find a parent in contempt, a Sheriff must be satisfied, to the criminal standard of beyond reasonable doubt, that the parent knew about the order and breached it without reasonable excuse. It is a serious finding. Because contact orders exist to protect a child’s relationship with both parents, the courts treat breaches of them particularly seriously.
My child says they do not want to see their other parent. What should I do?
Take the concern seriously, but do not simply stop contact. As the resident parent, you have a legal duty to encourage and support your child’s relationship with the other parent. If there are real welfare or safety worries, the correct route is to seek legal advice and, if needed, apply to the court to vary the order. Stopping contact on your own, without going back to court, can itself lead to enforcement action against you.
What can I do if my ex is stopping me from seeing my child?
Start by keeping a clear record of every missed or cancelled visit and any messages about them. If you already have a contact order, you can ask the court to enforce it, and in serious cases seek a finding of contempt. If you do not yet have an order, you can apply for one under the Children (Scotland) Act 1995. A family law solicitor can advise on the best approach and act quickly, which often makes all the difference.
Does a contact order still apply if circumstances have changed?
Yes. A contact order remains in full force until the court changes it. If your circumstances have changed, you cannot simply ignore the order or rewrite it yourself. Either agree a variation with the other parent and have it recorded properly, or apply to the sheriff court to vary or suspend the order. Until that happens, the existing order stands, and breaching it can have serious consequences.
This article is by Iain Wilson
Iain Wilson, Partner
Iain Wilson graduated from Glasgow University with honours. He joined Pomphrey’s in 1997, becoming a Partner in 2004.
Iain deals with all civil court matters and specialises in Family Law, Divorce, Separation, Matrimonial and cohabitation claims, and Contact and Residence orders in relation to children.
Tel: 01698 373365
Email: icw@pomphreyslaw.com
