Starting Points

If your children live in Scotland then they will be subject to the Scottish legal system.   Scottish law relating to children is substantially similar (but not identical) to that in England. However, divorce law is different, legal procedures are very different, and different case law applies.

Our factsheet "Residence and Contact in Scottish Law" is a useful starting point.  The Scottish GovernmentFamily Law page has links to information on divorce, parental rights, legislation and research.  "Breaking Up Without Falling Apart" is a useful online guide to the Scottish system  by Anne Hall Dick.

The Parenting Agreement for Scotland and accompanying guide, has been produced by the Scottish Government to assist parents in making their own agreements about arrangements for children after separation.

The agreement is probably superior to its English equivalent and is a very good place to start if you are thinking of splitting up and need to know all the things to consider. Even if you are a long way from any kind of agreement with your ex, the documents can still be useful as a focus on putting the children first, and helping you determine exactly what you disagree about and what you don’t. Highly recommended reading.

Last updated on January 5, 2012 by FNF Scotland