Contact and Access Rights for Parents in Scotland

When parents separate or divorce, one of the most important issues to resolve is how and when each parent will spend time with their children. In Scotland, this is often referred to as contact, but many people still use the older term access. Understanding your rights and responsibilities as a parent can help avoid conflict and ensure that your child’s best interests are always at the heart of any decision.

What Does “Contact” Mean?

Contact is the legal term for the time a child spends with the parent they do not live with most of the time. Contact can take different forms depending on the needs of the child and the family situation.

• Direct contact: This means the parent and child spend time together in person, such as weekends, holidays or overnight stays.
  • Example: A child stays with their dad every other weekend and for part of the school holidays.
• Indirect contact: This includes phone calls, text messages, emails, video chats or letters.
  • Example: A parent who lives far away might keep in touch by calling their child every evening and sending regular emails.
• Supervised contact: In some situations, contact may need to take place under supervision, such as at a contact centre.
  • Example: Where there are concerns about safety, a professional may supervise the contact sessions.

Do Both Parents Have an Automatic Right to Contact?

Not necessarily. The law focuses on the rights of the child rather than the rights of the parents. In Scotland, the court will only make a contact order if it can be demonstrated as necessary and is in the interests of the child.

• Parental rights and responsibilities (PRRs): A parent with PRRs has a legal duty to maintain personal relations and contact with their child if the child is not living with them.
  • Mothers automatically have PRRs. Fathers have PRRs if they were married to the mother at the time of the child’s birth or are named on the child’s birth certificate (from 4 May 2006 onwards in Scotland).
• Even without PRRs, a parent can apply for contact: If a parent does not have PRRs, they can still apply to the court to ask for contact with their child.
  • Example: A father not on the birth certificate may still ask the court to allow him regular time with his child.

How Are Contact Arrangements Decided?

Where possible, it’s best for parents to agree on arrangements between themselves. If this proves difficult, other options are available:

• Negotiation through solicitors: Parents can use solicitors to help reach a formal agreement without going to court.  This can be less stressful and cheaper than court proceedings.
• Mediation: A trained mediator helps parents discuss and agree on arrangements.  This can improve communication and reduce long-term conflict.
• Court order (Contact Order): If agreement cannot be reached, either parent can apply to the court for a contact order under section 11 of the Children (Scotland) Act 1995.  The court will only make an order if it believes it is better for the child to have one than not.

What Does the Court Consider?

The court will always put the child’s welfare first. It will consider:

• The child’s interests: This is the overriding principle in any decision.  The court will weigh up emotional needs, stability, safety, and the benefit of having both parents involved.
• The child’s views: Depending on age and maturity, the court will take the child’s views into account.  Children aged 12 or over are presumed to have sufficient maturity to express a view, but younger children can also be heard.
• Any risks to the child: The court will take into account any history of domestic abuse, neglect or substance misuse.  In such cases, the court may order supervised contact or restrict contact altogether.

What If One Parent Stops Contact?

If contact is already in place (either by agreement or court order) and one parent stops the child from seeing the other, this can cause significant distress and may lead to legal consequences.

• Breach of court order: If a contact order is being ignored without a valid reason, the affected parent can return the matter to court.  The court may enforce the order, vary the arrangements or, in extreme cases, consider sanctions.
• Valid concerns: If contact is being stopped because of genuine concerns for the child’s safety or wellbeing, this should be raised urgently with a solicitor or the court.  Do not ignore a contact order — seek legal advice promptly.

What If a Parent Wants to Change Contact Arrangements?

Contact orders are not set in stone. If circumstances change, a parent can ask the court to vary the existing arrangements.

• Changes in the child’s needs: For example, a child starting secondary school may want different contact times.
• Relocation: If one parent wants to move to another part of the country or abroad, this may require the contact arrangements to be reviewed.
• New relationships or living situations: The introduction of new partners or step-siblings may affect existing arrangements.

Final Thoughts

In Scotland, the focus of any contact arrangement is always what is best for the child — not what either parent wants. If both parents can put their child’s needs first and communicate respectfully, it is often possible to reach an agreement without going to court. But if that’s not possible, legal advice and support is available to help you understand your rights and options.

Need advice?

If you’re unsure about your rights as a parent or are struggling with contact arrangements, it’s important to speak with a solicitor experienced in family law. Every situation is different, and getting tailored advice early can help you protect your relationship with your child.

If you have issues concerning contact with your child or you simply wish more information, then please contact our experienced Family Law solicitors on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist.