Residence

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.

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Why Choose Millard Law

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Clear, Honest Advice

No jargon. No confusion. Just practical guidance you can rely on.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Experienced Representation

Skilled in both negotiation and court proceedings across Scotland.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Focused on Results

We prioritise outcomes that move your case forward — not drawn-out processes.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Cost-Conscious Approach

Legal aid available where eligible, plus competitive and fixed-fee options.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Supportive & Understanding

We work with you through difficult situations with professionalism and empathy.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Clear, Honest Advice

No jargon. No confusion. Just practical guidance you can rely on.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Experienced Representation

Skilled in both negotiation and court proceedings across Scotland.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Focused on Results

We prioritise outcomes that move your case forward — not drawn-out processes.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Cost-Conscious Approach

Legal aid available where eligible, plus competitive and fixed-fee options.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Supportive & Understanding

We work with you through difficult situations with professionalism and empathy.

Child Law Edinburgh | Family Law Edinburgh | Incapacity Law Edinburgh | Millard Law

Adoption

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Child Abduction

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Children's Hearings

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Child Contact

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Kinship Carers

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Parental Responsibilities and Rights

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Permanence Orders

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Residence

How We Work

We take a pragmatic, solution-focused approach to every case.

Understand your situation

We listen carefully to your needs

Advise clearly

You receive straightforward legal guidance

Take action

Negotiation, mediation, or court representation

Resolve efficiently

Focused on achieving the best possible outcome

We are equally comfortable resolving matters through negotiation or litigation, depending on what your situation requires.

Clear advice. Practical solutions. Trusted representation.

Legal Aid & Fees

We understand cost is an important consideration.

  • We can help you apply for legal aid where eligible
  • Competitive hourly rates
  • Fixed-fee services available for certain matters
  • Our goal is to provide high-quality legal support at a reasonable cost.

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