When parents separate, the most crucial consideration is their children’s well-being. At Morgans, solicitors in Dunfermline and Kinross, we assist parents across Fife and all over Scotland to reach fair, practical arrangements about where their children will live and how they will have regular contact with both parents. Our experienced family law team offers clear, compassionate advice, always prioritising the children’s best interests.
Putting your children first
Deciding where children should live and how often they see each parent can be one of the most difficult parts of separation. Each family is unique, and emotions can be intense. At Morgans, we aim to minimise conflict and help parents agree on arrangements that are stable, practical, and focused on the children’s needs. Our family law solicitors have extensive experience handling child residence (formerly known as custody) and contact (formerly known as access) matters, whether agreed voluntarily or determined by the court.
Understanding residence and contact in Scotland
Under Scots law, both parents generally hold parental rights and responsibilities. These encompass the duty to care for the child and the right to be involved in significant decisions regarding their upbringing.
If parents can’t agree on arrangements between themselves, the court can decide through:
- Residence orders – deciding where the child will live.
- Contact orders – setting out when and how the child will spend time with the other parent.
Before taking any court action, we always recommend negotiation or mediation where feasible. Amicable agreements tend to be better for everyone, especially the children.
How Morgans can help
Our solicitors can help you with:
- Negotiating and documenting arrangements for child residence and contact.
- Applying to the court for residence or contact orders when necessary.
- Representing you in court proceedings.
- Providing advice on child maintenance and financial support.
- Reviewing and updating existing arrangements as family circumstances evolve.
We’ll approach your case with sensitivity and professionalism, assisting you in finding a solution that benefits you and your children.
Why engage Morgans?
✔ Local expertise – We frequently advise families in Dunfermline, Kinross, and throughout Fife on child-related legal matters.
✔ Focus on children’s wellbeing – Our priority is to deliver outcomes that promote stability and continuity for your children.
✔ Experienced family lawyers – We understand how the courts handle residence and contact cases and can guide you through each stage.
✔ Constructive approach – We strive to resolve disputes amicably whenever possible, minimising stress for all involved.
Need help agreeing on arrangements for your children? Talk to us
If you’re having difficulty agreeing on where your children should live or how contact should be managed, Morgans can assist. Our family law solicitors in Dunfermline and Kinross will provide straightforward, practical advice and help you reach arrangements that prioritise your children’s best interests.
Frequently Asked Questions
Do I need a court order to decide where my children live?
Not necessarily. Many parents agree to arrangements voluntarily, and we can assist in formally recording them if needed. Court orders are only required when an agreement cannot be reached.
What does the court consider when deciding residence or contact?
The child’s welfare is always the top priority. The court focuses on what is in the children’s best interests rather than the parents’ preferences.
Can children choose where they want to live?
Children aged 12 and over can generally express their views, and the court will consider these, although they are not the only deciding factor.
What if one parent won’t allow contact?
If contact is being unreasonably refused, we can apply to the court for a contact order to protect your parental rights.
Can Morgans help with grandparents’ contact rights?
Yes. Grandparents and other relatives may be able to apply for contact if it’s in the child’s best interests. We can advise you on your options.