Residence and Contact for Children in Scotland
When parents separate, agreeing on what’s best for the children is often the most emotionally charged and important issue to resolve. At Pomphreys Solicitors in Wishaw, we help parents across Scotland reach practical, fair and child-focused agreements about where their children live and how contact with the other parent is maintained.
Child Custody in Scotland: The Legal Framework
In Scotland, we no longer use the term “custody.” Instead, the law focuses on two key issues:
- Residence – where the child lives most of the time
- Contact – when and how the child sees the other parent or family members
Scottish law puts the best interests of the child above all else. That means arrangements should be made with the child’s wellbeing, stability, and emotional needs as the top priority—not the preferences of the adults involved.
Whenever possible, parents are encouraged to agree on arrangements themselves. Where this isn’t possible, the court can be asked to make a decision through a Residence or Contact Order.
Helping You Reach Child-Centred Solutions
At Pomphreys, we work with parents, guardians, and extended family members to find practical and workable agreements that allow children to thrive.
We can help you:
- Open discussions around residence and shared care
- Agree on contact arrangements for weekdays, weekends, holidays or special occasions
- Draft and formalise agreements to avoid disputes in the future
- Apply for a Residence Order or Contact Order if an agreement isn’t possible
- Respond to applications made by your former partner
- Deal with issues around relocation, schooling, or child safety
Whether you’re seeking to maintain consistent contact or concerned about how care is being shared, we’ll give you advice that puts your child’s welfare first – and respects your role as a parent.
Agreements vs Court Orders: What’s Right for You?
Many families prefer to resolve things amicably without going to court. In these cases, we can help you draw up a Minute of Agreement, a legally binding document that confirms the agreed-upon child arrangements.
If the situation is more contentious, or if communication has broken down, we can help you apply to the Sheriff Court for:
- A Residence Order – determining where the child should live
- A Contact Order – setting out time with the non-resident parent
- Orders for specific issues like schooling, travel or medical care
We aim to resolve disputes with as little conflict as possible, and often recommend mediation as a first step where appropriate.
Supporting You Through Challenging Times
Disagreements about children can feel deeply personal and emotionally draining. We’ll provide you with clear-headed, professional advice and help you distinguish between the legal issues and the personal tension. Most importantly, we’ll help you protect your child’s well-being while asserting your legal rights as a parent.
Why Choose Pomphreys Solicitors?
Families in Motherwell and Wishaw, across Lanarkshire and beyond trust Pomphreys for:
- ✅ Calm, clear advice in difficult situations
- ✅ A child-first approach grounded in Scottish family law
- ✅ Local knowledge of courts and legal procedures
- ✅ Practical solutions that reduce conflict and cost
We understand how important your relationship with your child is—and we’re here to help you preserve it.
Put Your Child’s Future First
If you’re separating and want to ensure your children’s needs are fully considered, speak to Pomphreys Solicitors. We’ll help you create fair and practical parenting arrangements that support your child’s wellbeing. Get in touch with us today for expert guidance and peace of mind.
You may also be interested in:
- Separation and Divorce – if you’re separating from your child’s other parent
- Financial Provision on Separation – for maintenance or support payments
- Separation Agreements – to formalise parenting arrangements and avoid court
❓ Common Questions About Residence and Contact for Children in Scotland
Can my child live with both parents?
Yes. Shared care is increasingly common and depends on what works best for the child in practice. We can help you formalise an arrangement.
Do I need a court order if we agree?
No. If you both agree, we can draft a Minute of Agreement to confirm the terms legally. Court is only necessary if agreement breaks down.
What if my ex is blocking contact?
We’ll help you explore mediation, write formally to your ex, or apply for a court order if communication is no longer productive.
