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Are Courts in Favour of Mums in Scotland?  

June 13, 2024 Family Law

Do gender stereotypes exist in custody cases in Scotland? 

As you can imagine, going through a custody battle can be a physically tiring and stressful experience for all parties involved. It is especially challenging when fathers feel like they are automatically viewed as secondary carers for their children. This perception of family courts biased towards mums in custody battles comes from the traditional gender roles, where mothers were often seen as the primary carer, and many fathers to this date still believe that mothers will be favoured when it comes to appearing in court.  

In this blog, we will discuss the reasons why people believe mothers are often favoured in custody battles, exploring the various factors that influence custody decisions. We will also provide insights on how our custody solicitors at Jones Whyte can help parents navigate the complexities of custody battles.   

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Table of contents  

  1. Why do people believe family courts favour mothers?   
  1. Various factors that influence custody decisions  
  1. Legal representation – family law team 
  1. Frequently asked questions 

Why do people believe family courts favour mothers in Scotland?  

It is believed mums are favoured in family courts as it has derived from the traditional perspective that they are more nurturing and historically the main person who would look after their children. However, this is not accurate especially nowadays and mothers are not given preferential treatment. It is important to cover this topic as fathers may be fearful that they are in a losing battle when up against the mother in court. 

Various factors that influence child custody   

Over time, courts have shifted their views on parental arrangements, recognising that both parents play an equal role in their child’s life. Instead of automatically favouring mothers based on gender stereotypes, courts are more interested in prioritising the child’s best interests.   

When it comes to child custody arrangements, courts consider a range of factors. One important factor that may lead to a preference for the mother is if there is evidence the child would be in safer hands in their care, especially in cases where the father has a history of domestic abuse.  

However, if there is no past history which would sway the mother to be favoured, the court will need to assess the child’s bond with both parents, each parent’s ability to fulfill the child’s requirements, the mental and physical well-being of each parent, and the child’s expressed preferences (this is dependent on if the child is old and mature enough to make this decision). The courts primary objective is to ensure that the well-being of the child is of top priority, ensuring they will be living in a secure and caring environment.  

It is extremely important for fathers to know that they have just as much of a chance as mothers in custody battles, as long as they can showcase that they have the best interest of their child at heart. They will need to show they are committed and dedicated to their child, and by doing so this will increase their chances of receiving joint or primary custody.  

If you need child custody advice or have family concerns, our custody solicitors at Jones Whyte are here to help you.  

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Speak to one of our experienced custody solicitors, and get responsive, clear, and straightforward legal advice and support.

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Legal representation – family law team 

Obtaining the right support and legal representation when dealing with family issues and disputes is crucial to ensure the best possible outcome in court proceedings. Here at Jones Whyte, we have the largest family law team in Glasgow, multi-skilled in all areas of family law. We are committed to helping you achieve the results you desire.  

If you are currently going through a separation or divorce with a child involved and are worried about child arrangements, it is important to speak to a lawyer as soon as possible who will discuss your options and explain the process.   

We offer virtual consultations, as well as in-person meetings at our Glasgow office, giving you the flexibility to choose what best suits your circumstances. Schedule a consultation with our custody solicitors today. 

“I found Jones Whyte handled my case very well and kept me informed and updated during my separation and divorce proceedings.” – TrustPilot Review 

Contact Us

Speak to one of our experienced custody solicitors, and get responsive, clear, and straightforward legal advice and support.

Get in touch

Frequently asked questions 

What are your rates?   

Our experienced and empathetic team offer a range of competitive rates to suit your circumstances. Please reach out for more information about this.   

Do mothers usually win custody battles? 

There is no gender bias towards mothers when it comes to family courts. The judge will decide what is best for the child depending on the evidence presented to them.  

Do mums have more rights than dads? 

Both mums and dads have equal rights when it comes to the family court. 

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