Court Process

If you are unable to agree on the care arrangements for your child, then you can apply to the court to decide matters.

Normally, an application would be made to the local Sheriff Court in the area that the child lives and an independent solicitor called either a Curator or Reporter is appointed to investigate the circumstances of the case and prepare a report with recommendations. This is usually done through meeting the parents, the child and sometimes professionals such as teachers or GPs or sometimes other family members. Based on this report, the court can then make short-term orders for the child’s care. The independent solicitor will charge a separate fee for their services which can be expensive and usually the person raising the court action is be liable for payment.  This will depend on individual circumstances however.  This fee will be in addition to other legal fees and other court fees.

If matters can’t be resolved by these short-term orders then the next stage would be for a ‘Proof’ to be called.  This is an evidential hearing where you and your partner would require to give evidence and bring along any supporting witnesses.  After hearing all the evidence, the Sheriff will make a final decision in respect of the child’s care.                                         

Going to court can be an extremely daunting prospect and, if this is the course of action required, we can guide you and make the process as simple as possible.