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It is often said that on family breakdown, it is the children who suffer most.  We recognise that when relations between adults break down, children are undoubtedly affected.  We understand that a relationship breakdown is an anxious time and that it can be difficult to focus on how any children might be affected.  We aim to assist our clients in ensuring an outcome which is in the best interests of any children. 

We are able to assist our clients in attempting to make suitable arrangements for the care of any children affected by family breakdowns.  It is normally the case that when carers no longer live together, it is in the best interests of any children that they maintain relations with both parties.  We recognise however that it can be difficult for clients to make such arrangements themselves at a time of heightened emotions. We understand that every family is different and there is no “one size fits all” solution.  We listen to our clients and provide them with practical advice to assist them in considering the best way forward for them and their children. 

Child Care Issues - Family Lawyers Glasgow, Scotland

Our aim is to assist our clients to find a resolution to any issues outwith the court process. We appreciate that if carers are able to find a solution themselves, rather than have one imposed on them by the court, it is more likely to be successful in the long term. It is often the case that carers will have to have a relationship with each other as parents for many years after their personal relationship has ended. Each carer will also have their own individual relationship with their child. Our aim is to assist our clients in formulating arrangements that ensure their children are able to benefit from the decisions made by their carers. Key to that is ensuring that the individual bonds between child and carer are nurtured and developed. We attempt to resolve matters outwith the Court process if possible. We recognise that becoming engaged in potentially protracted and contentious court proceedings should be a last resort. If that should become necessary however, we have a wealth of experience in representing our client’s interests before the Court. We are able to represent our clients throughout the whole process, offering support and advice from the inception of the action through to Child Welfare Hearings and Proof if necessary.

We live in an increasingly mobile society. It can be the case that following separation, one parent or another may look to move out of the area perhaps due to work commitments. Occasionally, one party may look to move to another country altogether. Such moves can have implications for any child care arrangements carers have already put in place. In particular, a proposed move can affect one carer’s ability to maintain direct contact with their child. Where a child has a close and loving relationship with that carer, it might be said that it is not in the child’s best interests to move. The adverse effects that such a move would have particularly in relation to maintaining contact might outweigh any advantages.  Conversely, there may more positives for the child to a proposed move than negatives.   We can assist our clients in re-negotiating any existing arrangements with a view to minimising the impact of any proposed move. If negotiations are not successful, we can assist our clients in raising any necessary proceedings in court.

We understand that the financial support of children can be a worry after separation.  We aim to assist in alleviating such concerns by incorporating provision for child support into any Separation Agreement which deals with broader financial matters.  Where parents cannot agree on the level of maintenance to be paid, a referral to Child Maintenance Options would need to be made to enable that body to assess the appropriate level of ongoing maintenance.  The Courts in general do not deal with matters relating to ongoing maintenance but if there are issues in relation to matters such as the payment of school fees, the Courts still have an ability to adjudicate and we are happy to assist with this. 

There can often be issues relating to the maintenance of older children, particularly those in full-time higher education. More and more people are attending university or college for either academic courses or vocational training. Although student loans are available, children over the age of sixteen and under twenty-five who are unable to support themselves financially are able to look to both parents for assistance.  There is no set amount that parents are obliged to pay. It very much depends on how much the child reasonably requires to live and how much each parent can afford to contribute to their child’s upkeep.   The obligation to support might be fulfilled by a parent providing board and lodging.  However, where one parent does not contribute financially and can afford to do so we can advise on the child’s rights to pursue a claim for maintenance and if necessary, take that matter through Court. 

Contact one of the top Child Contact & Child Residence Solicitors in Glasgow, David Doig

 For more advice on children and the law, contact us on 0141 530 1360.

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