The Court has the ability in terms of Section 11(2)(c) of the Children (Scotland) Act 1995 to make a Residence 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.

 

Applications for such Orders can be made by an adult who has care and control of the child in order to protect that arrangement, or by someone who seeks to gain the care and control of the child.