The Court can make a Contact Order in respect of a child under the age of 16 years in terms of an Order under Section 11(2)(d) of the Children (Scotland) Act 1995 to make a Contact Order in respect of any child under the age of 16 years in favour of a relevant and interested party.
The Court must have regard to a number of factors, importantly the best interests of the child. If the child is old enough to express a view, the child should be afforded an opportunity of expressing that view. Such views are one matter which the Court must take into account though such views are not determinative.
The Court has a wide discretion in relation to Contact Orders. This can include both direct face-to-face contact and indirect contact (telephone or electronic communications). Holiday contact will also often be prescribed in a relevant Contact Order.
There are a range of other Orders under the Children (Scotland) Act 1995 which can be sought in relation to children. For more information please contact us,