This section gives short responses to many of the questions that Shared Parenting Scotland is asked. Links within the answer lead to more detailed information. If you need more information on any of these topics please contact us on 0131 557 2440 or by email to firstname.lastname@example.org.
My case is due in court soon: will it be heard?
Scottish courts are only hearing urgent child protection cases at the moment, so almost all family court hearings are paused (sisted) or postponed (continued). In each part of Scotland all cases have been moved to a few key courts – details here.
I have contact time with my kids coming up but my ex has told me they won’t come because of Coronavirus. What should I do.
We have already had several instances of this. If communication isn’t good with the other parent there is a tendency to be suspicious, quite apart from the upset that comes with losing time with your children. At the present moment (though the situation is changing at short notice) if neither the children nor their parent – or you – have been in direct contact with someone diagnosed with Coronavirus then contact ought to take place if there is agreement between parents or a court order. There is official guidance supporting this and the lockdown law includes this as an exclusion in the movement restrictions.
The decision might be being made in good faith, although overcautious. However, even if you are suspicious there is no great purpose in having an argument. Our advice is to demonstrate that you are a responsible parent with concern about your children’s health. You could reply – by text or e mail so you have a record of it – asking for some form of Face Time with your children during the time you should have had them. If the other parent is being genuine there will be no reason to refuse. If there is no prohibition on sending anything through the post you can send a cheery card saying that you hope to see them soon. Government guidance is that self-isolation should be no more than two weeks if no symptoms have developed in the meantime.
Where do I start?
Start with the FAQs, which have been written to answer questions that are asked on our helpline, at group meetings or in WhatsApp groups. When necessary we consult experienced family lawyers to help ensure the accuracy and we try to avoid using legal jargon. Links to more detailed information are included where possible. If you can’t find the answer to your question try searching the whole site using the magnifying glass at top right of the screen. If nothing is found email or phone us with your question.
Can a 12 year old decide what happens about contact?
The current current Children (Scotland) Act says that the court should allow a child to express views and have regard to them as far as possible. It also says that the court should take account if the child’s age and maturity and that “a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view” (section 6).
The Children (Scotland) Bill may extend or remove the mention of the age of 12. Whatever the age, the views of a child are not the deciding factor, although the older the child the more impact their views will have on the final decision.