Arranging child contact upon divorce

Divorce can be a difficult and emotional process, especially when children are involved. One of the most important issues that needs to be resolved is the residence and care arrangements for the children including maintaining contact with children (often referred to as custody and access).

In Scotland, the law recognises that more often than not, it will be in the child’s best interests to maintain a relationship with both parents, and that parents have a responsibility to ensure that contact is arranged appropriately. Factors that determine this include the child’s relationship with each parent, and with any siblings or extended family members. It also includes the parents’ ability to provide for the child’s needs, their work schedules and living arrangements, the child’s educational and extracurricular activities and the child’s wishes and feelings, if they are old enough to give their view.

Additionally, there are also practical aspects to think about, such as transportation, how the child’s belongings will be transferred between homes, and any financial arrangements that need to be made. Child contact arrangements can be made in a variety of ways; agreed upon by both parents through negotiation, mediation, or as a last resort through court proceedings.

Using negotiation

Negotiation can involve both parents sitting down together and discussing what is best for their children and, when it is successful, it is usually the best way for families to come to an agreement that works for everyone. It is important for parents to focus on their children’s needs, try to put their own emotions aside and agree on a schedule that works best for everyone.

However, it is also crucial that parents establish and maintain an effective system of communication, especially when there are any changes to a schedule that has been agreed upon.

Alternatively, negotiation may take place with each parent consulting their own solicitor. The solicitors will aim to reach an arrangement for contact, which works for the parties. This can be useful when communication has broken down, disagreements have occurred or if there are issues which require to be carefully considered such as the introduction of the child to a new partner.

Opting for mediation

If negotiation alone doesn’t work, couples may wish to try arranging child contact through mediation. This involves a mediator who is a neutral third party and helps parents work through their differences and come up with a plan that works for everyone. Mediation can be especially helpful if parents have a difficult time communicating with each other or if there are disagreements over child contact. In Scotland, there are several resources available to parents, including free or low-cost mediation services.

Court proceedings

If negotiation and mediation have been unsuccessful, parents may need to go to court to have contact regulated. This is usually a last resort. A Sheriff will take all the circumstances into account and make a decision on what they believe to be in the best interests of the child, ensuring in most cases that the child has regular and meaningful contact with both parents, as long as it is safe and appropriate. The court may also take any history of domestic violence into account.

The court may order specific contact arrangements, such as a regular schedule of specific visits, or it may leave the details of contact up to the parents to work out, such as two individual weeks of holiday contact during the school Summer holidays as is mutually agreed. In either case, the court will expect the parents to cooperate and communicate effectively to ensure that the child’s welfare is protected and the court order is adhered to.

Organising child contact after a divorce can be difficult and it is important to keep in mind that circumstances can change over time and therefore arrangements may need to be amended. Negotiation, mediation, and court proceedings are all options available to parents. McSherry Halliday has experienced family solicitors who can help advise parents with compassion and consideration, and guide them to an outcome that has the best interests of the child at heart.