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Child Welfare Hearings

When someone raises a Court Action and there is an issue concerning a child, the court will fix a hearing called a ‘Child Welfare Hearing’. If this action is defended a hearing will be fixed in the Sheriff Court. Once a date is fixed the Sheriff Clerk will write to you or the solicitor representing you with the date and time of the scheduled hearing.

On the day of the hearing, you must attend at court. The other party to the action, which may be the second parent will also attend. The hearing itself will be held in private before the Sheriff. Therefore only the above parties will be in attendance. Friends and family are welcome to come to support you however, they will not be allowed into the court room.

The Sheriff will begin by speaking with the parties and their solicitors in order to identify what the points in the dispute are and if any matters can be agreed. What is discussed will be specific to each case, however if you have raised a court action asking for contact with a child this will be a good opportunity to ask the Sheriff to grant contact.

The Sheriff may decide that contact should initially take place in a Contact Centre especially in circumstances where someone has not seen the child for a long period of time or where there are certain allegations. It is also possible that the Sheriff makes no orders at this time or calls for an independent child welfare report or social work reports. It is at the discretion of the Sheriff which action is most appropriate but importantly any decision which is made, will be made with regards to the best interests of the child.

Child Welfare Hearings are more informal in nature than other court proceedings, however they are still court proceedings so those in room must behave with respect for one another. Child Welfare Hearings will take place as many times as required until final arrangements are in place which benefit the child’s best interests.

At Fleming and Reid, we understand that this can be a very daunting process, however with our long-standing experience you can be assured that our specialists will do everything in their power to find the best possible resolution for you and your child.