Agreeing on childcare arrangements can be difficult for separated families. While the Children (Scotland) Act 1995 details who has the rights and responsibilities to make childcare decisions for children, it does not provide guidance on day-to-day parenting. Instead, the obligation initially falls on the parents to decide how their child will split their time, as well as address other welfare issues.
Children benefit from structure and routine, particularly after their parents separate when they are trying to adjust to changes within their family’s dynamic and to their living arrangements.
To make this transition as smooth as possible, parents should endeavour to agree on arrangements that provide their children with quality time and help maintain a good relationship with both parents. This should also ensure that each parent has the opportunity of promoting their children’s health, development and welfare while the children are in their care.
It’s important that both parents remember their children shouldn’t be expected to understand or deal with the adult issues involved in a relationship breakdown. Children simply need to know that it’s ok for them to maintain a relationship with both of their parents.
Here are some practical points to consider when planning childcare arrangements:
- Coordinating schedules: Working parents can find it difficult to arrange childcare during the day or school holidays. Try to agree on the division of days to allow both parents adequate time to plan.
- Special occasions: Remember that birthdays and Christmas occur every year, so arrangements for these should be made well in advance.
- Consistency: Try to avoid last minute changes to arrangements as this can cause a great deal of inconvenience and anxiety, not only for the other parent but for the children too.
- Best interests of the children: Always prioritise the children’s best interests when making arrangements, rather than focusing on the wants or needs of the parents.
If an agreement cannot be reached between parents, an action can be raised at the local Sheriff Court as a last resort, to regulate the children’s residence and contact, or to ask the Court to intervene in issues such as schooling or health decisions.
However, it is always preferable for parents to reach agreement outside of the Court when it comes to childcare arrangements. Court proceedings can be drawn out and contentious, and generally, arrangements are more likely to succeed when both parents mutually agree on the arrangements, rather than having them imposed by the Court.
Negotiating childcare arrangements following separation can be emotionally difficult, particularly when parents have different views on what is best for their children.
The Family Law team at Lindsays have experience of assisting clients in negotiating childcare arrangements in challenging or acrimonious situations. We also provide advice to parents who have reached an agreement directly with the other parent and can assist in preparing a formal written agreement to reflect that arrangement.
Please get in touch to know more.
Published 14 January 2025
