When parents separate, the welfare of the child should always come first. The Scottish courts encourage parents to reach an agreement on child arrangements that take into account the needs of the child before going to court. A child agreement order is a legal document that outlines the arrangements for the child`s care, residence, and contact with each parent.
In Scotland, a child agreement order is usually applied for by one or both parents, but grandparents and other family members can also apply for one. The order is granted by the court, and once it is in place, it is legally binding on all parties involved.
The child agreement order usually covers the following areas:
1. Residence: This outlines where the child will live and with whom. It also details the living arrangements and any conditions or restrictions that may apply.
2. Contact: This outlines the arrangements for the child to have contact with both parents. This can include regular visits, phone calls, and other forms of communication.
3. Financial Support: This outlines the financial support that each parent will provide for the child`s care, such as food, clothing, and education.
4. Education: This outlines the arrangements for the child`s education, including school attendance, any special needs, and any extra-curricular activities.
It is essential to note that both parents have parental rights and responsibilities, regardless of whether they are married or not. The child agreement order aims to ensure that both parents have equal access to their child and that their welfare is the primary consideration.
In Scotland, a child agreement order can be made at any stage of the separation process, whether the parents are still living together, have separated, or divorced. It is essential to note that if the parents are unable to reach an agreement, the court will make a decision based on what is in the child`s best interest.
In conclusion, a child agreement order is a legal document that outlines the arrangements for the care, residence, and contact with each parent. It is an important document that ensures that the child`s welfare is the primary consideration. If you are unsure about the process of obtaining a child agreement order, it may be worthwhile consulting a family law solicitor who can guide you through the process.