^{Child Contact & Child Residence Solicitors in Aberdeen}

Expert legal support in child contact and child residence matters across Scotland

At XK Family Law Solicitors Aberdeen, we specialise in advising and representing clients in all court actions involving parental rights and responsibilities, child contact orders, and child residence orders. These legal matters are dealt with under Section 11 of the Children (Scotland) Act 1995, which gives the court wide powers to make orders in relation to children.

What Orders Can the Court Make?

In a Section 11 action, the court may make many orders including:

1. Depriving a person of parental rights and responsibilities.
2. Imposing parental responsibilities and rights on an individual.
3. Residence Orders – deciding where and with whom a child under 16 should live.
4. Contact Orders – regulating contact between a child and a non-resident parent or other relative.
5. Specific Issue Orders – resolving specific questions such as a child’s education, medical care, or taking a child abroad on holiday.
6. Interdicts – prohibiting certain actions in relation to the child or the exercise of parental rights.
7. Guardianship Orders – appointing or removing a guardian.

Who Can Apply for a Child Contact or Residence Order?

You do not need to have parental rights and responsibilities (PRRs) to apply for a child contact or residence order. At XK Family Law, we regularly assist:

• Biological parents who are not named on the birth certificate.
• Grandparents, step-parents, or other relatives seeking contact or residence rights and show an interest.
• Non-resident parents seeking to re-establish or maintain meaningful relationships with their children.

We can make applications on your behalf and represent you at all stages of the legal process, including Child Welfare Hearings.

How Does the Court Decide What’s Best for the Child?

When making decisions about children, the court’s guiding principle is the welfare of the child, which is always paramount. Orders will only be granted if those Orders are in the child’s best interests.

Amongst other considerations, the sheriff will take into account:

• The child’s age and maturity.
• The child’s views, where they are able to express them.
• Any risk of abuse or harm.
• Each party’s ability to care for the child and meet their needs.

How Are a Child’s Views Taken?

The child’s opinion can be gathered in two main ways:

• Form F9 – a child-friendly letter sent to the child (usually at school), asking their views in a safe, neutral way (teachers can assist and often provide helpful side notes).
• Child Welfare Report – prepared by an independent, court-appointed solicitor (Child Welfare Reporter) who speaks to the child and other relevant people, then provides a report and recommendations to the sheriff.

Why Choose XK Family Law Solicitors Aberdeen?

We have extensive experience dealing with complex child contact and child residence cases, including:

• Heated disputes in relation to children.
• Emergency or urgent court applications.
• Relocation of children (domestic and international).
• Allegations of parental alienation or abuse.

We provide a compassionate, clear and strategic approach tailored to your family’s unique needs. Whether you’re a parent, step-parent or grandparent, we’re here to help you protect your relationship with the child.

Frequently Asked Questions

1. Who can apply for a child contact or residence order in Scotland?
Parents, grandparents, step-parents, or anyone with an interest in the child’s welfare can apply for a contact or residence order, even without parental rights.

2. What is a Section 11 Order in Scotland?
A Section 11 Order is a court order made under section 11 of the Children (Scotland) Act 1995 that can regulate child contact, residence, guardianship, or specific issues like schooling or disputed holidays abroad.

3. How does the court decide where a child should live?
The court considers the child’s welfare, the child’s views (if mature enough), and any risks or concerns. The child’s best interests are always the top priority.

4. Can a child choose who they want to live with?
If the child is mature enough, their views will be considered – often via a Form F9 or a Child Welfare Report. The older the child the more weight their opinion will carry, but ultimately the final decision rests with the sheriff.

5. What happens at a Child Welfare Hearing in Scotland?
A Child Welfare Hearing is a court hearing to focus on what’s best for the child. The sheriff may ask for evidence on party submissions and appoint a Child Welfare Reporter.

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XK Family Law Solicitors Aberdeen – Specialist Child Residence Attorney in Aberdeen / Specialist Child Custody Solicitors in Aberdeen / Specialist Child Law Experts / Specialist Child Contact in Aberdeen.