Court-Ordered
Child Contact in Scotland
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Glasgow Women’s Aid
Court-Ordered Child Contact
We know this might be a worrying time for you. You may be feeling concerned for your safety and that of
your child. You might be worrying about having to go to court, and how you can access help. We are here to
help you understand. This information sheet was written by Women’s Aid workers, and women in our services
who have experienced court-ordered contact. This document is not to replace or give legal advice, however
it does have a lot of legal terminology and references, so we also had a solicitor fact check what has been
written. There is also an explanation of some legal terms at the end of the book which may help.
Feeling Concerned About Your Child Having Contact With The Other Parent? . . . . . . . . . . . . .
What Is Court Ordered Child Contact? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
What Are Parental Rights? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
What Are My Child’s Rights? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where To Get Help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paying For Child Contact Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A Day At Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
What Is The Court Process? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other Court-Appointed Professionals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions By The Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Contact Centres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
What Do I Tell My Child? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Communicating With Your Ex-Partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Going On Holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Glossary Of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table of Contents
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Mothers who have experienced domestic abuse often tell us they feel unable to oer the perpetrator contact
with their child(ren). This can be due to safety concerns for both themselves and their child. They may be
concerned about the perpetrator using contact to monitor what they are doing or where they live.
Women are often concerned that their ex-partner will be abusive to their child, whether that be emotionally,
physically, sexually or by neglect of care. They may also worry that their child will not be returned at the
agreed day/time.
Other women tell us that they feel okay to oer the perpetrator some contact but would initially like it to be
supported or supervised by other adults to ensure their child feels safe and comfortable. Some women may
be okay with their child seeing the other parent without supervision or support but are unable to organise
this, because communication with the other parent may be abusive, stressful, and/or the requests for contact
unreasonable.
When women have any of the above issues, or any concerns in relation to child contact, it may be that
they need intervention and support from other services. Where there has been previous domestic abuse or
coercive control, it is never recommended that women should manage the contact on their own – i.e. the
drop-os/pick-ups, and/or the supervision of the contact.
You may also have it suggested to you that you should attend mediation. Women’s Aid do not recommend
that women put themselves through the process of mediation as it might be used as a tactic to further
manipulate, control or intimidate them into following the wishes of the perpetrator.
Often women seek legal advice if they feel forced to send their child to contact but do not feel it is safe.
Solicitors may initially take on the role of communicating with the other parent. Often this is when the woman
feels that contact can still happen, in some capacity. This can help remove the stress of having to come to a
contact agreement with the other parent.
Women tell us this has been successful in some instances. However if women feel that contact is not safe to
happen at all, or for a range of reasons come to form this view after contact has been happening, other legal
advice might be given. Women may be advised at this stage to cease contact altogether if they have genuine
concern, and evidence, to provide that it is not in the child’s best interests.
We recommend that women speak to their solicitor before making this decision (unless there is an immediate
urgency). If you do stop contact, the onus is then on the other parent to take the matters further, by raising a
child contact action, at a Sheri Court. Some will go on to do this quickly, particularly if they manage to gain
legal representation. Others may not be able to gain legal representation, or for a variety of reasons, may not
want to go to court. Should they be unable to take a court action forward, that is not a matter of concern for
you or your child. You should still not send your child for any contact if you believe your child to be at risk, and
have had legal advice.
What To Do If You Are Feeling This Way?
Feeling Concerned About Your Child
Having Contact With The Other Parent?
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• If a child contact action is raised at court (most often by the other parent, see previous reasons) a Sheri
may become involved to help make a decision around a child’s upbringing, and specically who they have
contact with and who they live with.
• This type of law is called ‘family law’ and takes place in a civil court.
• This has happened because the parents of a child are unable to come to a decision together about what
contact should look like.
• Once a Sheri makes a decision, it is legally binding on both parties. Both parents need to comply with the
terms of any decision.
• When making a decision, the Sheri’s main consideration has to be what is best for your child. That means
that it will be your child, and what is best for them, that should be at the centre of the decision making.
• If either parent’s solicitor disagrees on a point of law then it can be appealed. Equally, if the situation
changes, mum can go back to court to have the decision reviewed.
• Civil law is based on the premise of the ‘balance of probabilities’. The Sheri will listen to your account,
and that of your ex-partner, and decide which one they prefer. They may believe varying points from
both of you.
• The majority of your evidence will most likely come from your memory and recollection. If you feel safe
and able to do so, you might want to think about keeping a note of any dates and incidents which you
think the Sheri will need to know about.
If you have received a letter from a solicitor acting on the other parent’s behalf, or a letter summoning you to
court, it is important that you seek legal advice if you haven’t already. You must be clear with your solicitor
that there has been previous domestic abuse, plus note any other risks that you feel there are for your child in
relation to seeing the other parent.
What Is Court-Ordered Child Contact?
Parental rights are covered currently by the Children Scotland Act (1995) Part II.
• Having parental rights and responsibilities for a child does not automatically mean that that person has
rights to see the child, particularly if it is deemed unsafe. However it does mean that they have the right
to certain information about the child and to have a say in that information – such as their education and
medical input, unless a court order says that this is not to happen.
• A father has parental responsibilities if he is married to the mother when the child is conceived, or marries
her at any point afterwards. An unmarried father only has parental responsibilities if he is named on the
birth certicate, from 4th May 2006. Please be aware that even if the father is not named on the birth
certicate, he can go to court to establish his ‘parental rights’.
The person that has the main care of a child is said to have the ‘residency’ rights to the child. It is important
to seek legal advice and obtain residency rights for your child through the courts, if you believe the child’s
other parent may be trying to gain more contact with your child, or if they are trying to become the main carer
themselves. They may have made threats to do this or you may have already received a letter from a solicitor
acting on behalf of your ex-partner saying that they want to extend their rights to contact or to residency.
What Are Parental Rights?
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What Are My Child’s Rights?
Most pieces of legislation state that children have the right to a family life, however they also acknowledge
that children have the right to be safe. The Children (Scotland) Act 2020 will come into force in the future
which will ensure that children of any age will have a right to their views being asked in any matters that may
concern them, in a family court. This requires secondary legislation and hasn’t yet taken place at the time of
printing, but will happen.
The 2020 act will sit alongside the 1995 act that we mentioned, and will add more parts to that Act for the
court to consider when making decisions around children. One key part is that it will insert section 11ZA which
will require the court to take account of the impact of abuse or risk of abuse on the child. Sections of this
include that the court must regard:
• the welfare of the child concerned as its paramount consideration
• the need to protect the child from abuse, or the risk of abuse, which aects, or might aect, the child, the
eect that abuse, or the risk of abuse, might have on the child
• the ability of a person to care for, or otherwise meet the needs of, the child, where that person has
carried out, or might carry out, abuse which aects, or might aect, the child
• the eect that abuse, or the risk of abuse, might have on the carrying out of responsibilities in connection
with the welfare of the child by a person who has caring responsibilities for the child
• whether it is, or would be, appropriate for an order to require that two or more persons co-operate with
one another with regard to matters aecting the child.
It also denes abuse as:
• violence, harassment, threatening conduct and any other conduct giving rise, or likely to give rise, to
physical or mental injury, fear, alarm or distress,
• abuse of a person other than the child, and
• domestic abuse
The United Nations Convention on the Rights of the Child (UNCRC) is also being enshrined into Scots law, so
this is a helpful document to read as well if you feel you want to learn more about the rights of your child.
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There will hopefully be organisations in your local area that can help. Find out who your local Women’s Aid
group is, if you aren’t already linked in with them. Support may be available for both you and your child. There
may also be other voluntary agencies who can oer support.
If you require a solicitor, ask if your local Women’s Aid group can recommend one.
There is also a website directory provided by the Scottish Legal Aid Board
https://www.slab.org.uk/new-to-legal-aid/nd-a-solicitor/
The Law Society of Scotland also have a directory: https://www.lawscot.org.uk/nd-a-solicitor/
Look into free legal advice helplines – this might be particularly useful if you intend to represent yourself.
The Scottish Child Law Centre oers legal advice to parents, carers and professionals:
Call 0131 667 63333 or email them at [email protected]
The Scottish Women’s Rights Centre oers free legal advice at certain times of the week, as well as advocacy
services. See their website for timings: scottishwomensrightscentre.org.uk
Call 08088 010 789 on Monday 2-5, Tuesday 6-8, Wednesday 11-2, Friday 10-1 for the legal advice times but
please note this number and the times may be subject to change.
• Before deciding which solicitor to use, you can speak to a few and ask them for quotes for the work and
whether this could be covered by Legal Aid. You aren’t obliged to use any particular solicitor, and if you
feel you need to, you are able to change solicitor.
• Have a prepared list of questions – i.e. about their experience dealing with domestic abuse and child
protection cases.
• Have a prepared brief list of your main areas of concerns regarding contact, and ask them specically if
they feel they can help with this.
• Try to have most of your correspondence in email, and follow up any face to face meetings with an email
summarising what you discussed and agreed.
• Request a copy of everything your solicitor lodges in court, including minutes and evidence, to make sure
that all your points and concerns have been raised.
Discussions With Solicitors, How Can I Prepare?
A survivor told us:
If you are able to access Legal Aid, or decide that
you want to pay for a solicitor to represent you,
research who you choose carefully. To protect
yourself, make sure all correspondences with your
solicitor are in writing - email is usually easiest.
A solicitor told us:
Discuss with your solicitor the impact
of seeking the child’s views, the
use of advocacy workers and the
vulnerable witness provisions.
Who Can Help Me?
Where To Get Help
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Who Can Help My Child?
The new Children’s (Scotland) Act 2020 has stipulated that children will have an ‘advocacy worker’ to support
them through the court process, should they want this. At the time of printing this guidance, it has not yet
been implemented and it is not yet clear what it will look like; but it is something that will come into eect that
you should investigate.
Your local Women’s Aid group may have a support service your child can be referred to, for support around
their experiences of domestic abuse and court ordered contact. There may be other voluntary groups who
support children as well.
Your child also has a right to representation of their views by a solicitor, if they are capable of instructing a
solicitor. This is something you can investigate directly with a law rm. Your child can also ask advice from
a free legal helpline, as a starting point. There may also be an already established independent advocacy
service for children in your area.
It is important to oer your child lots of reassurance. Children who have experienced domestic abuse may feel
silenced by the perpetrator and scared to speak out against them if they have been told not to. Children might
also be worried to speak about what has happened at home because it could cause you more worries.
Paying For Child Contact Actions
Being represented can be very expensive for women and this can be a barrier for women and children to fully
engage in legal processes. A solicitor can work out with you whether or not you will qualify for full Legal Aid
(meaning you shouldn’t pay anything), partial Legal Aid or no Legal Aid. ‘Proof hearings’ (explained later)
require higher sums of money as they last longer, as does the child welfare report and any assessment by a
court appointed psychologist. Contact centres also incur a cost.
Some women who do not qualify for Legal Aid, due to nancial circumstances, have told us they could not
aord a solicitor due to other nancial commitments. In that instance see the previous section of the booklet
on ‘Who Can Help Me?” for the details of some free legal services for parents, who may be able to give
you some information on how to navigate the process yourself. Some women we have supported have
successfully represented themselves by doing lots of research and taking advice as they go along, so don’t be
disheartened if you believe you may be in this position.
Scottish Child Law Centre oers a free helpline for children to contact them directly:
Call 0800 328 8970 from a landline Call 0300 330 1421 from a mobile phone
Clan Childlaw also oers a free helpline for children to contact them directly: Call 0808 129 0522
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A Day At Court
The day of attending the Sheri Court for a hearing can be daunting for many reasons.
• A lot of people have never been inside a court before.
• It can be the rst time that you see your ex-partner since you separated.
• Many women are nervous to have to speak in front of the Sheri.
• It is a time of huge importance in the life of you and your child/children.
• You don’t know what to expect.
In Advance of Your Hearing
Familiarise yourself with the parking/bus/trains routes to ensure you know how to travel there on the day.
Many women tell us they do a journey there and back so that they are familiar with the route, as well as noting
the court’s entrance/exits. This will help decrease your stress levels.
You may also want to speak to a family member/support worker/friend about accompanying you on the day
for extra support. Have a paper and a pen ready to bring in your bag to note down points.
A survivor told us:
Although it is family/civil court and not a
criminal case, the room is very much set
up like a court room with Sheri sitting at a
higher position and a court minute taker in
room. It feels very formal. I was anxious about
being in the same room as my ex-partner
and I turned my chair so that I didn’t have to
make any eye contact with him. The solicitors
do the majority of the talking. The Sheri
may ask you a couple of questions, but
sometimes they don’t ask you anything at all.
Your solicitor is your voice here.
A solicitor told us:
During the hearing, if you are
represented, your solicitor will mainly
do the speaking, however be prepared
that the Sheri may choose to direct
a question at you at some point. If you
need to use the Sheri’s name, you
should call them ‘My Lord’ or ‘My Lady’.
If the Sheri says anything you do not
agree with, do not object directly to
them. Speak quietly to your solicitor or
write down the point to your solicitor.
During the Covid-19 pandemic, the courts have mainly been operating remotely,
with hearings taking place via telephone conference or video call. Your solicitor
should be able to advice you how your hearing will take place. If you do not have
a solicitor, the Sheri Clerk’s oce should be able to assist you.
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On The Day of the Hearing
The good news about the day of your hearing, is that unlike going to court as a witness in a criminal trial, you
will be given a time slot to have your case heard. It is unusual for there to be a long delay, so normally you
won’t have to sit around waiting for hours (although this has not been the experience of all women, so it would
be best to plan to be at the court for the majority of the day).
We would recommend arriving at court at least twenty minutes before your assigned time. There can be a
queue to pass through security, and this will also give you time to speak to the main desk and work out which
court room you need to go to. Your solicitor may also want to discuss last-minute details. Sometimes your
solicitor may have already started liaising with your ex-partner’s solicitor and they may have a ‘proposal’
ready about where/when/how long they want contact to take place. It is vital you are not late for your
hearing.
The hearing will always take place in private. It will sometimes take place in the Sheri’s oce (known as
“chambers”) or otherwise in a court room which has been closed to the public.Your solicitor is not required
to wear their gown and the Sheri will usually not be in in their gown or wig. Present in the room will be
the Sheri, the clerk, you and your solicitor, and your ex-partner and their solicitor. There may also be an
interpreter if anyone needs one. No members of the public, friends or family are allowed inside the hearing.
In most court set ups, there is a good chance that you will see your ex-partner and anyone accompanying
them. The waiting area might be very busy, and there are solicitors, police, families and court workers
everywhere you look. You might want to nd a seat far away from your ex-partner if you feel nervous or
intimidated. If you need help at any time, you can go to the front desk.
The courts have protective measures in place for vulnerable witnesses, and these measures are being
strengthened by the Children (Scotland) Act 2020. These measures now include using a screen, having
your evidence given by video link or allowing a supporter to come into court with you. These measures aren’t
available in every case, but we suggest speaking to your solicitor about this in advance.
If you bring a supporter, they will have to wait outside the hearing room whilst you are in there with your
solicitor, the Sheri etc, unless the court has agreed to use the vulnerable witness process.
If English is not your rst language, your solicitor can arrange for there to be an interpreter in the court room
too. Make sure to tell your solicitor you would like an interpreter a few weeks before the hearing, so that
it can be arranged in plenty of time. It may be that you have generally been condent in speaking to your
solicitor in English, but the terminology used in the court room may mean that you need the extra support.
After The Hearing
After the hearing, when you are leaving the waiting area and exiting the Sheri Court, you may want to wait
back a little until your ex-partner has left as you might both end up queuing for the exit area. Most people
do not cause trouble inside the Sheri Court, but you might not have that condence in your ex-partner. You
may want to have a taxi already waiting for you, or have parked nearby. If you are taking public transport,
be sure to have planned in advance your route home to increase your safety.
Many women want to call friends or family to let them know the outcome as soon as they leave court, but
remember to stay vigilant when you are on the phone if there is any likelihood that your ex-partner/family
may try to approach or follow you.
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Child Welfare Hearing
More information is needed
(safeguarding issues
and/or no contact has
happened for some time)
Interim (temporary)
contact conrmed
or ordered
(for example change to
current arrangements)
Interim contact ordered
(perhaps a contact centre)
Interim (temporary)
no contact ordered
Options Hearing
Decision is made about the best way to gather information
Proof Hearing /
Evidential Hearing
Social Worker
(independent)
Educational
Psychologist
Curator or Child
Welfare Reporter
Decision made after one or more of these options has taken place
No Contact
Contact
Review Hearing
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What is the Court Process?
For the women in our services, this usually begins with receiving an ‘initial writ’ which is the request set out by
the other parent of what contact they want to have with the child. The initial writ must rst be sent to court
for warranting (“authorisation”). Once it has been warranted, the pursuer (the person raising the action) can
serve on the defender. Service can be by Royal Mail or via Sheri Ocers.
Upon receiving this there is a legal duty to respond with your ‘defences’ and you normally (as the defender)
have twenty-one days to respond if you don’t agree to the request. This is your chance to give your side of the
story and to set out your reasons why you wish to ‘defend’ or not agree to the action.
• This is called Notice of Intention to Defend, also known as NID. If you are using a solicitor for your case,
they will do this for you and they will become involved from this point onwards.
• Following on from submitting the NID, you will be invited to attend a child welfare hearing.
Most women tell us that the Sheri in their rst hearing is the Sheri who remains involved in the case; and
therefore rst impressions really mattered as the Sheri formed their own view from the very rst day. Some
women however have said that the Sheri changed in the initial stages. The hearing tends to take part in the
local authority (i.e. the geographical area) of the person who has raised the action for contact (the pursuer).
Child Welfare Hearing (CWH)
This is the rst stage of the process. If you have obtained a solicitor, they will act on your behalf and assemble
all the necessary paperwork. They can also assemble your case as to why you oppose the motion for the
other parent to have some form of contact, or residency (full time care of child) – whatever it is that they
are seeking to gain (it may be both). If you are self-representing, you need to assemble this information
(see “Who Can Help Me?” section for free legal advice helpline). The hearing is held in closed court and
is intended to establish how the general welfare of children can best be maintained. It will also consider if
contact can be agreed in the rst instance – so if you have safety concerns, it is important to have all your
evidence prepared to explain your reasons for not wanting to allow contact / or to reduce current contact
arrangements.
If you have all the evidence assembled and reasons for opposing what the other parent has sought, the
Sheri is likely to want to investigate the matters much more closely.
• They may take the case to a Proof Hearing / Evidential Hearing.
• They may assign a child welfare reporter to investigate further.
• They may order other measures such as a parent having a drugs test (if this was noted as a concern).
• They may order that the child is assessed by a psychologist.
• They may make an interim (meaning temporary) order of no contact at this stage, if there is enough
concern and further matters to be investigated.
• They may also order interim supervised contact at a contact centre; or make an order of some form of
unsupervised contact where the child can start to see the parent immediately, if no safe guarding issues
have been raised, and the child perhaps already had regular and recent contact with their other parent.
Try not to worry if a decision is made that you don’t agree with – there are regular review child welfare
hearings to begin with, where you can raise concerns, and you may raise a variation or emergency hearing
with your solicitor if a safeguarding issue arises during contact.
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Assembling Evidence
1. You may at this stage (or further stages) be asked if you have other agencies/witnesses that
you would like to name, for next steps in your case (for example, if a child welfare reporter
is going to be commissioned to do a report - see page 13 for more details). Consider and be
prepared in advance of who you would choose to support your case – i.e. Women’s Aid worker,
ASSIST worker, health visitor, GP, midwife, nursery worker, school teacher, neighbour, family
member etc.
2. If you have proof of abusive communications i.e. text messages, these can be downloaded on to
a computer le using various apps, which may make them easier to collate/download.
3. You could compile any crime reference numbers and information if this has been a relevant
feature in your case.
4. If you have kept a diary or note of relevant dates you could bring copies of these with you.
Options Hearing
This is a procedural court hearing to decide next steps for the case. This may be a standard part of the
process or may also happen if the case has been going on for some time with no resolution; or if repeated
issues have arisen. Each party/side will put forward their suggestion to the Sheri of the best way to
proceed. The Sheri will decide which next option/procedure is best.
Proof Hearing / Evidential Hearing
In complex contact cases where there is no clear course of action for the Sheri, they may also order a ‘proof
hearing’ to take place. This might come early in your case or it might follow once other avenues have been
exhausted. It may also happen after some contact has been established but concerns and allegations continue
to arise, showing the Sheri that a more in-depth analysis is required. A proof hearing will probably last
several days and will involve hearing the information about allegations of risk/concern. It will often involve the
Sheri speaking to other witnesses as well as you and the other parent. A solicitor is helpful at this stage as a
lot of information must be compiled.
Time will be given in order to prepare your case for a proof hearing as it may take time to assemble witnesses
to speak, or sign sworn in adavits. (An adavit is a written witness statement.)
A proof hearing is not usually closed. This means family and friends of your ex-partner can sit and watch the
hearing once they have given their evidence (if they are a witness). You may want to have a friendly familiar
face there too.
A survivor told us:
The Sheri will ask you to take an oath to tell the truth. During the process your solicitor and the
Sheri will ask you questions. Then your ex-partner or his solicitor will ask you questions (cross
examination). If you have witnesses you’ll be able to callthem into the court. Each witness will also
be asked to take an oath to tell the truth. Your solicitor will ask them questions to help your case.
Then the opposing party and the Sheri will have a chance to ask your witnesses any questions
they may have.
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If You Are Represented By A Solicitor
Before the proof hearing it is important that your solicitor has all of the information and evidence needed
to prepare the case for proof. You should make sure that your solicitor has all of the information you have
complied from the “assembling evidence” section.
If You Are Representing Yourself
Your questions should be closed questions. A ‘closed question’ is usually a question with a yes or no answer.
In court-ordered contact cases, an example may be: “did you drop o your child at the agreed time of 2pm?”
Think very carefully about the questions you’re going to ask before the court day as asking the wrong
questions could harm your case. If you’re representing yourself, write down the questions you wish to ask
each witness as it’s easy to forget what you have asked or want to ask. You can also take notes on what
each witness said as, again, it’s very dicult to remember all that was said, especially if there are several
witnesses.
You must listen to what the pursuer has to say without interrupting. You must not interrupt even if you don’t
agree with something that is being said or you think that it is wrong. Write down anything you don’t agree
with so that you or your solicitor can question the pursuer or any witness on it when you are told you can do
so in re-examination.
When both you and the pursuer have had your say and all the evidence and witnesses have been presented
to the court, you’ll have a chance to make a case submission about your case to the Sheri. This should be a
summary of the main points you are making and what you’re asking the Sheri to do. It could be benecial to
reference child laws used in cases that have won, that are similar to yours.
A solicitor told us:
Both sides are able to call witnesses. The court will normally rst hear all of the pursuer’s
witnesses, before hearing all of the defender’s witnesses. Each witness will be questioned,
cross-examined (by the other side) and then re-examined (by the initial party doing the
questioning). For example, this means that you or your witness will rst be questioned by you/
your solicitor, then cross-examined by your ex-partner/their solicitor, then re-examined by you.
This means that if you or your witness is asked any questions in cross-examination, you will have
another opportunity in re-examination to clarify what they meant.
A survivor told us:
You don’t nd out the outcome on the last day of the hearing. The Sheri may take several
days or weeks to make a decision, after they have considered all of the evidence.
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Other Court-Appointed Professionals
Report by ‘Child Welfare Reporter’ or ‘Curator ad litem’
• A solicitor may be commissioned as a Child Welfare Reporter (CWR) (a.k.a. Bar Reporter) to investigate
the child’s family circumstances, and to help provide the Sheri with a fuller picture of your family
circumstances; as well as come to a recommendation around contact.
• They will speak to you, the other parent, other relevant family members, and potentially other agencies
around the child, such as the school and health professionals, as well as any support services involved.
• They will probably speak to your child as well unless they are considered too young to have a voice,
in which case a ‘curator ad litem’ may be appointed instead, who has a similar role to the CWR but has
specialist knowledge in representing the interests of those who are considered incapable of giving a view,
perhaps due to young age.
The CW reporter/Curator will compile a lengthy report with a conclusion on what form of contact they feel is
most appropriate for your child; which the Sheri may then use as a guide for their own decision making. It is
not always binding - some women have told us that the Sheri chose not to follow the recommendations of the
CWR. Some women have told us that the information in the report was not correct or that there was missing
information. You should speak to your solicitor about this, as they will consider ways to ensure that the Sheri
knows that you do not agree with all of the report.
How To Prepare To Speak To A Reporter Or Curator
• This reporter/curator will meet with you at least once and will be testing your evidence against that of
your ex-partner.
• They often come to your home to see the environment in which the child is living.
• It is important to be prepared to meet with the CWR and to have your evidence ready, clear in your mind
and with a timeline where possible, and briey bullet pointed.
• When speaking to the CW reporter, focus on the risks to your child particularly, and any concerns you
specically have about the other parent and their ability as a caregiver.
• You can also let them know about any domestic abuse you suered as well. Domestic abuse harms
children as well as adult victims. Let them know your child was a victim to this as well as you, and
particularly if they directly witnessed any incidents. They may have questions for you about the abuse you
suered. You might nd it easier to make a note if there were any other witnesses and/or police reports,
charges or convictions.
• Speak to a support line or a Women’s Aid worker if you have one, if you require more details or support
and advice around what to expect from a meeting with a CWR. Try not to worry about this process. The
CWR is not biased and should be objective. Be honest at all times with them and be clear and organised
with your views. This will show that you are a credible witness.
• You may be told or read allegations about you that are not true, that have been said by the other parent
and sometimes women tell us, the other parent’s family members as well. Try not to worry about this, and
have your evidence ready to refute this (your own clear verbal account, and any texts, call logs, diary
entries, emails, other witnesses details).
The family law team at the Scottish Government are currently bringing out guidance for children about child
welfare reporters – ask your local Women’s Aid group about this or check online to see if it is available, if the
court hasn’t already provided this to you.
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Court Appointed Psychologist
On occasion the Sheri may order that your child should be assessed by a psychologist, due to behavioural
concerns noted that may give rise to your child requiring specialist help. A child psychologist may also be
appointed to interview your child in place of a Sheri to ensure a more child-friendly setting.
The child psychologist will probably meet with you alone, and the other parent alone, and possibly with the
child in both of your presences and alone as well, if appropriate.
A psychologist may also be appointed to assess you or the other parent, depending on the concerns and
issues that have been raised by either side. One woman told us that her ex-partner demanded she be
assessed psychologically, which was allowed by the courts, but that this had in actual fact worked in the
woman’s favour as it became clear she did not require the evaluation and that her ex-partner was therefore
lying and unreliable.
Depending on the outcome, a psychologist may be ordered to become more involved with your family, and
conduct further therapy sessions to help matters progress in a way that best supports the child.
Decisions By The Court
• A Sheri may decide initially that an order of ‘no contact’ should be made with the pursuing parent,
while the courts gain more information, and particularly if contact between the pursuer and child has not
happened for some time. This decision could also be made at the end of a case due to it being proven
that contact is not in the child’s best interests. In cases of proven high risk or with older children with a
clear opposing view to contact, the Sheri may also order indirect contact i.e. contact by only letter or
telephone.
• Another option at the Sheri’s disposal is to order that contact can take place in a supervised
environment, such as a child contact centre (see page 15 for more details).
• The Sheri may also choose to order unsupervised contact with the pursuer that may be for a few hours a
week, or may include longer amounts of contact such as weekly overnight contact. When the overnights
take place may depend on how close the pursuer lives to the child’s nursery/school.
• They may be able to take a role in dropping the child o at school or nursery or it may be better for
contact to take place mainly at the weekends.
• The Sheri may also make an order regulating where your child should spend specic days, such as their
birthday, religious and school holidays. You have an option to put forward your opinion of when contact
should and shouldn’t take place, to best meet the needs of the child and your time with them. It may feel
to you that the decision of the court goes against what you consider is in the best interests of your child.
This can be distressing.
Whatever the decision made regarding contact, it is important to follow the order made by the Sheri.
Abusive ex-partners often try to extend or shorten the time they see their child/children. They may also
ask you to change the location of the ‘handover’. Doing anything like this is in breach of the court order,
and abusive ex-partners may try to use this against you deliberately at the next hearing. No matter how
harmless it might seem to suggest or agree to change a contact time, for example from 1pm-3pm, into
2pm-4pm, run any changes past your solicitor rst’.
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Child Contact Centres
Where there are concerns about safety or if your child hasn’t seen the other parent for some time, a Sheri
may order that contact initially takes place in a child contact centre.
• It may be ‘supported’ meaning there are sta around in the room but not specically sitting with your
child and parent.
• It may be ‘supervised’ meaning there will be a sta member supervising the contact.
• Be clear what type you feel would be better, especially if you have safety concerns or that the other
parent may try to gain information from your child about where you now live etc.
• Contact centres are generally only used as a ‘stepping stone’ for contact to then progress to
unsupervised, unless the contact at the centre is not going well. Be aware of this before agreeing to this
initially; if you have real fears around your child’s safety.
• Contact centres can eventually be used as the ‘handover location’.
• The contact centre should be able to facilitate the contact so that you and your ex-partner leave at
separate times through dierent entrances, to avoid seeing each other. Speak to your local Women’s
Aid group as well to see if they have any information on local contact centres and if some are more
recommended than others.
What Do I Tell My Child?
• Tell your child about the fears you may be having, as that may worry them more.
• Go into a lot of detail, particularly if the court case is early on. Explain in stages, as new decisions are
made, so that it is not an overwhelming amount of information for your child.
• Tell your child too much about your own opinion or how they should feel. Avoiding this, as well as going
into detail, will help you remain impartial and avoid any accusation of ‘coaching’ your child. Some women
have told us that their ex-partner has accused them of telling their child what to say, and as a result the
court has stopped listening to the views of their child as they wrongly believe the child’s views have been
inuenced.
Do
• Try to tell your child calmly and reassure them you are there to support them with what happens next.
• Explain some background - that mum and dad don’t quite agree about when they should both see you,
and so another adult is helping them decide, and to keep it safe.
• Write down any fears, or questions your child may have. Tell them you may need time to get some of the
answers or ask other adults to help.
• Consider telling your child that someone else from the court might also want to listen to their questions
and how they feel at some point, and you will let them know before it happens (if it is going to happen).
• Try to encourage them to speak to another trusted adult in their life as well, such as a support worker,
teacher or club coach.
Don’t
It might feel challenging for you to support your child with a possible change like seeing their other parent
again. It might also feel worrying for both you and your child. See the ‘Who can help my child?’ section
regarding what emotional, practical and legal support you can organise for your child.
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Communicating With Your Ex-Partner
Some women nd it very stressful to communicate with their ex-partner regarding their child, due to previous
domestic abuse and/or continuing unacceptable communication.
• Whatsapp messages or text messages can sometimes be hard to ignore.
• Some women have said that parenting apps help them have a level of separation and head space, as you
can more easily control when you choose to read them.
• Some women say the same for emails.
• Some women have a separate phone that they can switch o except for around contact time.
• Some women have asked to have it court-ordered that the communication needed for younger children is
recorded in a journal, to avoid verbal or text conversation with their ex-partner at hand-over time, but to
still be able to meet the needs of the child.
• Some women have told us that their ex-partner’s lawyer has used printed phone records and/or
transcripts of text messages and emails between her and her ex-partner, as evidence. Please be mindful
of anything you put down in writing.
A survivor told us:
I’ve learned over time to not communicate or appeal to my ex-partner with matters regarding my
child, as he does not focus on our child but uses the communication to attempts to manipulate
or further abuse me. I use the ‘grey rock’ method of communication – I respond minimally,
briey, and with no signs of emotion. This helps me avoid further abuse from him and also
remain child focused/and court order focused.
Going on Holidays
Section 2(3) of the Children (Scotland) Act 1995 says that where both parents have parental rights and
responsibilities , one parent cannot take a child out of the UK without the consent of the other.
If your ex-partner refuses to consent, you should seek legal advice. You may be able to seek a Specic Issue
Order, to allow you to take your children abroad. You may need to give specic assurances to the court, like
showing that you have a return ticket booked and there is no risk of the children not coming home at the end
of the holiday.
If your ex-partner wishes to take your children abroad and you do not agree to this, you can refuse. Your
ex-partner would also then be able to seek a Specic Issue Order, and you would be able to oppose this.
If there is no court order in place and you are worried that your ex-partner may take the children abroad
anyway, you may be able to obtain an interdict or Specic Issue Order. The court may also order that your
children’s passports are held somewhere safe, e.g. with a solicitor.
This does not apply to holidays within the UK, but you should be careful not to plan a holiday which would
mean that contact could not take place. The Sheri might allow a break of a few weeks to allow a holiday to
take place.
It would be expected that a child’s passport is held by the parent who has primary care. If your ex-partner
has your children’s passports and is refusing to give them to you, a Specic Issue Order could also be sought.
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Glossary of Terms
Denitions are provided
below of some legal terms
and acronyms. If there are
any terms missing that you
would like to know more
about, please check http://
www.scotcourts.gov.uk/
library/publications/docs/
glossary.pdf
Action Proceedings that are
started by a person in a civil
court. Child contact hearings
are ‘actions’.
Amendment This is the
process of making changes
to written pleadings after the
‘period of adjustment’.
Contact Communication
between, or time spent
together by a child and
parent who live apart from
each other; replaces the
former term ‘access’.
Contact order A formal
order by a court in
relation to how the child
of a relationship is able to
communicate or spend time
with a non-resident parent or
grandparent.
Crave An outcome sought
by any party in an action,
specied in the initial writ or
defences.
Defences The statement by
way of defence lodged at
court by the defender.
Defender (usually the women that
we support) The party against whom
a civil action is brought, who disputes
the claim of the pursuer, and lodges
defences against the pursuer.
Ex proprio motu On the court’s or
judge’s own initiative.
F9 form A form sent during a case
to a child who is the subject of a
court action regarding contact to
inform them and ask about their
views on contact
Initial Writ This is when the other
party raises court proceedings to
start the process of trying to see
the child. The Initial Writ will state
what ‘the pursuer’ wants to happen,
and this is put down in writing in the
‘Writ’.
Interim Temporary ruling or decision
Interlocutor This is another name for
an order/or decision, made by the
Sheri. Each interlocutor is signed
and these sheets form part of the
court process - leading up until the
nal judgement or decision.
Joint minute An application to court
signed by both agents and possibly
by the parties they represent.
Motion An application made in court
for some subsidiary purpose during
the course of an action.
Ordinary cause action Relatively
formal action initiated by writ in the
Sheri court.
Period of adjustment Most court
actions allow a period of adjustment
of the pleadings – during this
period changes can be made to
the pleadings either by addition or
deletion.
PRR Parental Responsibilities and
Rights
Pursuer (usually the father of the
child) The person bringing a civil
action to court.
Residence Status as parent or
guardian with whom the child lives;
replaces the former term ‘custody’.
Residence order A formal order by
a court in relation to whom the child
will live with.
Serving the action This is when
the Initial Writ is sent to you, i.e.
to the ‘Defender’. This can be sent
by recorded delivery or by Sheri
Ocers. The court must be satised
that the Initial Writ has been
successfully served on you.
Sheri The judge in the Sheri Court
is actually called a Sheri. Sheris
will be referred to as ‘My Lord’ or ‘My
Lady’.
Sist To stay or stop process in an
action.
SLAB Scottish Legal Aid Board
UNCRC United Nations Convention
on the Rights of the Child
Warrant The Sheri must grant a
warrant so that the Initial Writ can
be served upon the Defender.
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Glasgow Women’s Aid
4th Floor, 30 Bell Street,
Candleriggs, Glasgow, G1 1LG
Scottish Charity No. SC005227
Helpline Telephone Number:
0141 553 2022
glasgowwomensaid.org.uk
With Thanks
This booklet was written and produced
by Glasgow Women’s Aid workers
Faye Anderson and Claire Ferguson
in May 2021
Thank you to the many survivors and
workers who made this book possible
Booklet Design by Anna Roszak
Cover Image by Laura Dewar
Inside Images by Enya Powell Taylor
Notes:
