1. If your child’s mother agrees you should have them.
If you both agree that you should have parental rights and responsibilities, then you simply require to complete a form which is signed by the mother.
2. If your child’s mother does not agree.
You can apply to the court for parental rights and responsibilities. At the same time, if required, you can apply for a contact order, entitling you to see your child or children at set times. In considering an application from a father for parental rights and responsibilities, the court will take into account the level of commitment shown by the father, the degree of attachment between the father and child, and the father’s reasons for applying or the order. All decisions made by the court should be based on what is in the best interests of the child.
3. Contact with children.
If you are unable to agree contact arrangements with your child’s mother, you can apply to the court for a contact order or interim contact order. Different courts in Scotland have different practices, but it generally takes a few weeks to obtain an initial hearing and it is therefore important that matters are not allowed to drag if contact has been stopped. In most courts, a hearing referred to as a Child Welfare Hearing is fixed at an early stage in order to consider the issue of interim contact. On occasions, some courts allow matters to be dealt with by way of emergency motion before a Child Welfare Hearing is fixed.
On occasions, the court might appoint an independent solicitor or social worker to prepare a report for the court, in order to help with its determination. There are costs involved in the preparation of such a report, which often amount to around £3,000. The costs can sometimes be shared by both parties or covered, in part, by the Legal Aid Board if one or more parties is legally aided.
4. Is the law biased against fathers?
This is a question which sometimes causes concern to individuals. The law itself is not biased against either mothers or fathers, but individual judges or Sheriffs can, of course, have their own attitudes on certain matters. When the courts decide any matter concerning a child’s care and upbringing, the paramount concern is the welfare of the child. It is recognised, very strongly, that fathers have a significant role to play in their children’s lives after separation, and the onus is generally on the mother, if she is the resident parent, to persuade the court that there should be no contact between the father and the child.
Contact our Family Law Solicitors Glasgow
If you require advice or assistance with parental rights and responsibilities, please get in touch. Contact our family law solicitors in Glasgow for advice on any family law issue you may have, on 0141 530 7465 or complete an online enquiry form and we will get back to you.
