What Are The Reasons For Not Getting Joint Custody in Scotland?

One of the first things that many people do when they are going through a divorce or separation is seek joint custody of their child. However, as always, every case is unique, and it is sometimes not possible to receive joint custody, especially if the courts find that that the child custody arrangement doesn’t best serve the child’s wellbeing. In this blog we will explore joint custody and the various factors that may play a role in people not being able to receive joint custody in Scotland.   

Table of contents  

• • What is joint custody in Scotland? 

• • Why is it beneficial to have joint custody?  

• • Parental responsibilities  

• • How do courts make the decision?  

• • Child Custody – How can our expert team help you?   

• • Frequently asked questions 

What is joint custody in Scotland?   

Joint custody allows both parents to share equal parental rights and responsibilities when spending time with their child. This arrangement ensures that important decisions in the child’s upbringing are made together, preventing any parent from being left out. Joint custody can extend beyond just parents, this could be other family members, especially in situations where a parent has passed away or is incapacitated.  

At Jones Whyte, our child custody lawyers have extensive experience in handling joint custody cases, particularly those involving disagreements. We fully empathies with situations where one parent refuses to negotiate with the other and are here to help.  

If parents cannot agree on joint custody, then going through court may be the best option.

Why is it beneficial to have joint custody?  

Joint custody can be beneficial for the child as it offers them the opportunity to maintain regular contact with both parents, encouraging them to build stronger relationships. This arrangement provides a sense of stability and support for the child during what can be a challenging period in their life. 

Parental Responsibilities 

When parents have joint custody, they each have legal rights and responsibilities. The main duties include providing a nurturing home for the child and ensuring their protection and well-being are maintained.  

When you seek legal advice, our child custody lawyers will be able to run through your legal rights and responsibilities with you.   

How do courts make the decision? 

When divorced or separated couples cannot reach an agreement and decide to go through the family court, the main thing the judge will decide upon is what is in the best interest of the child. To do so, they will take a variety of factors into account, considering the child’s needs. 

The key factors include:   

• • Will both parents provide adequate care for the child?  

• • Is there any history of abuse or neglect?  

• • Might joint custody cause disruption in the child’s life? For instance, if the parents live far apart.   

• • What are the preferences of the child? (taking into account both age and maturity).  

The court typically aims for regular and frequent contact with both parents, but if the court believes joint custody is not in the best interest of the child and will potentially negatively affect the child, they will refuse joint custody.  

If you are currently going through a divorce or separation and would like some advice regarding joint custody or are considering taking court action, reach out to our specialist child custody lawyers today. They will explain the next steps you will need to take and provide guidance on the best course of action to get you the outcome you desire.   

Child Custody – How can our expert team help you? 

Our specialist team have extensive experience in handling such family law matters, if you need assistance at all with your joint custody case our child custody lawyers will be here to support you and answer any questions you may have. Our main priority is the child’s welfare and putting their best interests first.  

Alternatively, if you have any other family law questions we have a multi-skilled team across all areas of Family Law.  Find out more here. 

Frequently asked questions 

How to get joint custody in Scotland? 

Joint custody can be agreed if both parents consent to this. Alternatively, if a decision cannot be made then the court will review this and make the decision.  

Why should I get an experienced child custody lawyer to help me with my case? 

Having a child custody lawyer assist you with joint custody can be beneficial in many ways. They can guide you through the full process and support you if you’re involved in a child custody dispute.  

If I have joint custody, can I move my child to another country? 

If you have joint custody arrangements, you will need to ensure that the other parent has consented for the child to move to another country. It is important to seek legal advice if you’re planning on doing this, because if the other parent does not provide consent, then the best course of action will be to go through court to make legal custody decisions. 

Does our child have a say on any agreements? 

If the child is above a certain age or maturity then they will be able to express their views. For more information get in touch with our team. 

Are both parents likely to receive equal rights and responsibilities? 

Yes, both parents have equal rights and responsibilities when it comes to court decisions.