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 info@sharedparenting.scot.
This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice – the application of the law to your individual circumstances. For legal advice, you should consult a lawyer.
As a ‘non-resident parent’ can I volunteer to be a parent helper at my child’s school for school trips etc outwith my court ordered contact time?
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.
Should I represent myself in court?
We always advise people that it is best to have a lawyer if you are taking court, but we know that some people either can’t afford representation or have had such poor legal support in the past that they end up conducting their own case in court. Our Guide will help you LINK and we may also be able to link you with a lay supporter LINK. It is also worth trying to find a lawyer who can comment on what you are putting on the court papers before submitting them. There will be a cost for this service, but it costs far less than full representation and can help you avoid making errors in the way you present your case.
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.