Childcare Arrangements

As separating parents, the welfare of your children will be your top priority.  Reaching an out-of-court agreement is usually a better option for everyone involved, especially your children. However, we understand that navigating this highly emotional and stressful time can be challenging and it can be difficult to cooperate with your ex-partner.  We’re here to help you negotiate arrangements for your children’s care, help you access any additional support when needed and the drafting of Agreements to record your terms once they are agreed.

Qualified family consultants or family mediators can also make a huge difference.  Examples of additional support available can be found at CALM, Consensus and Relationships Scotland.

There will be instances when court intervention will be necessary.   We can represent you in court to ensure that your rights and interests are protected. Our goal is to help you achieve the best possible outcome in your case while minimising the stress and conflict involved.

Please don’t hesitate to contact us if you need advice or support in making suitable arrangements for your children’s care.

Frequently Asked Questions

How much child maintenance should I be paying?

For most families based in Scotland the easiest way to find out is to go online to the website of the Child Maintenance Service (CMS) and use their online calculator ( link to online calculator on the website ) . However, for those cases that the CMS does not cover, or where the paying parent’s income exceeds the maximum threshold for the CMS, applications for child aliment or top-up applications can be made to the court. Applications to the court will be based on the level of additional support required to meet the children’s needs and outgoings and will also take into account the income and resources of both parents.

Am I entitled to equal time with my children post separation?

There is currently no automatic entitlement to equal time with children. The decision as to what amount of time the child/children should spend with each parent is based on what is best for the child at that particular time. What is in their best interests can be influenced by a number of factors such as their age, what they are used to, any particular attachment issues they have amongst many other reasons. Also, what is in a child’s best interests today may well be different to what is in their best interests in 2 or 4 years time so arrangements are supposed to always be considered on the basis of what is best for the child rather than what either parent is “entitled” to.

It is fair to say that shared care arrangements, where parents share care of the children equally or close to it, are increasingly more common and some take the view that this should be the default position unless there are child-focused reasons why that would not be in their best interests.

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