family law inverness child contact lawyers

Child Custody Lawyers in Inverness

Child Contact and Child Residence Lawyer InvernessContact Family Law Inverness today for assistance with child residence and contact matters. You can call us on 01463 630 027 or contact us online.

At Family Law Inverness, we understand that the breakdown of a relationship often has many sensitive and emotive consequences. One such issue is competing parental rights and responsibilities in relation to any children concerned. It is in the interests of all parties to resolve this matter in a time and cost effective manner to minimise the stress involved as much as possible.

Our Inverness family lawyers aim to find the best possible solution in what can be very difficult circumstances. We will work with you to ensure that your rights and your children’s welfare are protected and prioritised. We will help you reach an outcome that suits your and your children’s needs.

Residence and Contact

Unless otherwise stated below, parents have parental rights and responsibilities, which include residence and contact. Residence (previously known as ‘custody’) is the right to have the child live with you or otherwise determine where he/she is to live and, for example, to allow him/her to go on holiday with a third party. Parents have a responsibility to promote their child’s development and, as children thrive in a stable home environment, the right of residence helps the parent to fulfil this responsibility.

The other non-resident parent has a responsibility to maintain personal relations with the child and, therefore, has the right to have regular direct contact with him/her. This may involve visiting the child or having the child stay at their home for a period. Where residence and contact are in dispute, the Courts will consider each case individually, bearing in mind that the child’s best interests are the paramount consideration.

Automatic Parental Rights

Parental rights and responsibilities may be automatic or awarded by the court. While they are the automatic rights of a child’s natural mother, there are some qualifications regarding natural fathers. If the child was born after 4 May 2006, the biological father has automatic rights provided he is named on the child’s birth certificate. If the child was born before this time, the biological father will have automatic rights if he is married to the child’s biological mother.

Obtaining or Restricting Parental Rights through Court Orders

It is possible for different parties (e.g. natural fathers falling outwith the above criterion, the child’s grandparents or others with whom the child has a relationship) to apply to the Courts for residence and contact. Conversely, it is also possible for the Court to regulate or restrict residence and contact where it is not in the child’s best interests for a party to possess them, for example, where that party has neglected or harmed the child. The Court may also decide to award or restrict rights in relocation cases where one party possessing parental rights and responsibilities wishes to move away with the child, thereby limiting the other party’s residence or contact.

Child Custody in Divorce Advice

Get Help & Advice Today

Family Law Inverness are a team of lawyers dedicated to supporting parents and families. Contact us today to find out how we can help you.

Call us on 01463 630 027 or contact us online.

Enquire now

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