Family law cases involving children in Scotland often include disputes about where a child should live (residence) or contact with a parent or others. These disputes are decided under section 11 of the Children (Scotland) Act 1995, which allows courts to make decisions in the best interests of the child. Below is an explanation of the procedure for such cases in simple terms:

1. Starting a Case

A family law case begins when one parent (or another person with an interest in the child’s welfare) applies to the court for an order under section 11. This can include:

• Residence Orders: Deciding where the child will live.
• Contact Orders: Arranging how and when a parent or other family members can see the child.
• Parental Rights and Responsibilities Orders: Deciding specific issues like education or religion.

You will need a solicitor to help prepare and submit the application, or you can submit it yourself if representing yourself (pro se).

2. The Court’s Approach

The court has one primary focus: the welfare of the child is the top priority. To decide what is in the child’s best interests, the court will consider:

• The child’s wishes (if they are old enough to express a view).
• The child’s safety and well-being.
• Any history of abuse or neglect.

3. Interim Orders

While the case is ongoing, the court may make a temporary (interim) decision about where the child will live or contact arrangements. This is a short-term solution until a final decision is reached.

4. Evidence Gathering

To make a fair decision, the court may gather evidence, including:

• Reports from a Child Welfare Reporter: A professional appointed by the court to investigate the case and provide recommendations about the child’s welfare.
• Witness Testimony: Statements from parents, relatives, or other involved parties.
• Expert Reports: Input from psychologists or social workers, if necessary.

5. Hearings

The process involves several court hearings:

• Initial Hearing: The judge hears the main issues and may set an interim order.
• Proof Hearing (Trial): If parents cannot agree, the court holds a trial to hear evidence and make a final decision.

6. The Decision

The court will issue a decision based on what it considers best for the child. The decision may:

• Approve living arrangements.
• Set contact schedules.
• Include additional conditions, like supervised contact if necessary for safety.

7. Enforcement of Orders

If one parent does not follow the court’s order, the other parent can apply to the court for enforcement. Courts can take actions like fines or even refer persistent breaches to higher authorities.

8. Changes to Orders

If circumstances change (e.g., one parent moves away), you can ask the court to review and modify the order. The focus remains on what is best for the child at the time.

Additional Notes:

• The child’s views are very important if they are mature enough to express them. Scottish law does not specify a strict age for this but generally considers children over 12 capable of expressing meaningful opinions.
• Mediation may be encouraged to resolve disputes without going to court.

This process aims to ensure that decisions about children are made fairly and in their best interests. For detailed legal advice, consulting a family lawyer is always recommended.