What was previously called child custody and access has now been changed to child residence and contact.
Anybody with an interest in a child can obtain child contact; this includes not only married and unmarried fathers, but also grandparents, aunties, uncles and even non-relatives. In fact it can be obtained by anyone who has a relationship with a child and it is in the best interests of the child to maintain contact with that person. The interests of the child must remain paramount in any legal negotiations. If an agreement cannot be established out with the courts, then a child contact order can usually be granted by a Sheriff.
This is especially significant in relation to unmarried fathers. Unmarried fathers, despite not having any parental rights and responsibilities (unless the child was born after May 2006), can still seek child contact and can obtain parental rights and responsibilities if both parents sign a Parental Rights and Responsibilities Agreement. If no such written agreement can be reached, an Order through the Courts for Parental Rights and Responsibilities can be sought.
For further information on getting Child Contact (formerly access), please contact Wright & Co, or telephone (0044) 131 467 5566.
Wright & Co 5e Giles Street Edinburgh EH6 6DJ tel: +44 0131 467 5566 info@divorceuk.com