If you are involved in a dispute over contact with your Ex in Aberdeen, it’s important to understand the recent legal changes. The Children (Scotland) Act 2020 makes several updates that affect child contact arrangements. Here, XK Solicitors explain how the new law impacts contact cases, from hearing the child’s viewpoint, to safeguarding children during visits, to enforcing contact orders. These changes aim to ensure that contact between a child and a parent (or any other family member) is always in the child’s best interests.
Putting the Child’s Viewpoint Front and Center
Under the new law, children of all ages should have the opportunity to express their feelings about contact. This is a big shift from the old assumption that only kids 12 or over have a say. Now, the court must give every child who is capable of forming a view a chance to share it, for example, which parent they want to see and when, or any concerns they have about visits. The child’s views can be gathered in a child-friendly way (see our recent article on this here).
No Order Unless Necessary
When parents agree on contact arrangements, usually no court order is needed. Whilst this was always the case in practice, the 2020 Act reinforces that a court will not make any Order unless it’s better for the child to have one than not. This is known as the “minimum intervention” or no-order principle. If you and your Ex can work out a reasonable contact schedule on your own (perhaps with the help of mediation or solicitors), the court is happy for you to stick to that. The court will only make a court Order if there’s a disagreement that cannot be resolved between the parties or if an order is needed to protect the child’s welfare. This principle encourages cooperative parenting and solutions outside of court, which can often be less stressful for the child. Now, Scottish Ministers are even required to support alternatives like mediation, for example, by providing funding for dispute resolution services so that families might resolve contact issues amicably before going to court.
Ensuring Contact is Safe and Focused on the Child (rather than the parent)
The paramount consideration in any contact decision is the child’s welfare, and the new law heightens the focus on safety. Courts are now required to consider any risk of abuse when deciding on contact. If there’s a history of domestic abuse by one parent, whether directed toward the child, the other parent, or anyone else, the court must carefully evaluate how that abuse could affect the child and the practicality of contact arrangements. For example, if a parent has been violent or threatening, a sheriff will question whether ordering unsupervised contact is appropriate. The sheriff will look at the abusing parent’s ability to care for the child. They will also consider if interactions like handovers might expose the other parent or the child to fear or conflict. The law explicitly acknowledges that abuse isn’t just physical – emotional abuse, yelling, threatening, harassment, or controlling behavior can all be harmful and are considered. So, contact is not automatic. If contact with a parent (or any person) would put a child at risk of harm or stress, the court can refuse it or set strict conditions on it. The child’s well-being comes ahead of a parent’s desire for contact.
In many cases, a safe middle ground can be found. The court might order supervised contact, meaning visits take place at a contact centre such as an Avenue Contact Centre or in the presence of a third party, so that the child can maintain a relationship with the parent in a controlled, secure environment. Contact Centres can even lodge reports with the court on how supervised contact has gone. Recognizing the importance of these facilities, the Children (Scotland) Act 2020 provides now that child contact centres must be accredited and properly regulated. Only regulated contact centres can be used for court-ordered contact, ensuring that minimum standards for safety, staff training, and facilities are met. In Aberdeen and across Scotland, this means if your case involves supervised contact, you can expect the venue to be up to standard, a safe, neutral space where children can interact with the parent they don’t live with.
Another new provision is that children should be informed about the court’s decision in a way they can understand. If a contact order (interim or final) is made, the court must see that the outcome is explained to the child, unless the child is too young to comprehend or it’s not in their best interests to know. A child welfare reporter or a Sheriff may tell the child what was decided and why, using age-appropriate language. This helps reduce a child’s anxiety and confusion about what will happen, and it reassures them that their views were considered, even if they didn’t get exactly what they wanted.
Enforcing Contact Orders – A New Approach
What if a contact order is in place but one parent isn’t complying, for example, one parent is not bringing the child to scheduled contact, or the child refuses to go? Under the old system, the frustrated parent would have to go back to court with a Failure to Obtemper action asking the court to hold the non-compliant parent in contempt of court, which could lead to fines or even jail. This was a blunt instrument and often not very effective at solving the underlying issue. The 2020 Act changes the approach: now the court itself has a duty to investigate why a contact order isn’t being followed. If you raise a concern about an order not being obeyed, the court will not jump straight to punishment. First, the judge will look into the reasons for non-compliance. The court must also seek the child’s views at this stage as well, before deciding what to do about the possible contempt of court. Depending on the reasons for non-compliance, the court can take different actions. If one parent had a valid reason (say, the child was ill, or there were safety concerns), the Sheriff might be satisfied. If a parent is simply flouting the order without good cause, the court can hold them in contempt (with possible penalties). The overarching goal is to resolve problems in a way that serves the child’s welfare rather than punishing a parent.
Considering Sibling and Family Relationships
Contact isn’t only about parents. Children often have important bonds with siblings and other family members. The Children (Scotland) Act 2020 strengthens recognition of these relationships. For instance, if siblings are separated (maybe one is living with a relative and the other is in care), local authorities now have a duty to promote personal relations and direct contact between siblings who cannot live together, whenever it’s appropriate for the child. So the courts are required to consider sibling contact when making decisions about a child’s welfare. In practical terms, if you have a family situation where, say, one child lives with you and another child lives with your ex-partner or elsewhere, the spirit of the new law is that efforts should be made to keep the siblings in touch with each other (so long as it’s in their best interests). Sibling relationships can be a source of comfort and stability for children going through family breakups, so the law now explicitly supports maintaining those ties. Additionally, other relatives like grandparents or anyone the child has lived with in a “family-like” relationship may be more visible in the court’s considerations than before.
Conclusion
The reforms in the 2020 Act aim to make child contact arrangements in Scotland safer and more child-focused than ever. If you are arranging contact or involved in a contact dispute in Aberdeen, be aware that the courts will prioritize your child’s welfare above all (even over your own preferences). The court will listen to what your child wants (when appropriate), to ensure no harm comes to them, and only order what benefits the children. It’s wise to seek advice from experienced family law solicitors who understand these new provisions. Our Aberdeen team can help you navigate contact agreements, whether through negotiation or, if needed, through the court.
Ready to discuss your case?
Email: info@xksolicitors.co.uk
Our articles are not legal advice. We accept no responsibility for use of this information.