The Children (Scotland) Bill was introduced by the Scottish government in September 2019 and is currently being examined. This upcoming legislation will seek to modernise family justice by ensuring:
- Children’s views (in particular those under 12) are heard in family law cases,
- Give further protections to the victims of domestic abuse in such legal disputes, and
- To change a range of rules around how family breakdowns are handled by authorities.
Holyrood’s Justice Committee is backing Scottish government plans to change the law on deciding parent-child contact. The committee supports these aims but has suggested a number of areas of improvement. These would be carried out to ensure that it supports taking children’s views into account. It would begin by removing the current presumption that 12 years old is the age a child can express their opinion.
Justice Committee Convener, Margaret Mitchell MSP said: “The committee is persuaded that children’s interests are best served when they are afforded the opportunity to make their views and feelings known to authorities deciding upon their future family situation.
“While members are backing the bill at this stage they are acutely aware that the law on paper will not change the reality for children and families unless it is properly resourced, and practices change. At present, the Committee has concerns around the lack of resources accompanying the bill, and the facilities we currently have in Scotland. Unless these change, the new law may make little practical difference to the lives of families.
“Of course, any implementation of these changes may have to wait until the current response to the COVID-19 outbreak has passed, but we look forward to working with the government to strengthen the bill in the months ahead to ensure its laudable aims can be met in reality.”
Family breakdown can be very upsetting for children. This Bill will ensure the family justice system is supportive and does not contribute to their distress. The child’s best interests will be put first and ensure their voice is heard.
For more information on the Children (Scotland) Bill, visit: https://beta.parliament.scot/bills/children-scotland-bill
Overall, the approach is a common sense one, designed to find solutions in difficult circumstances. If you require help with contact or residence for separated children, we will help you find a legal solution. If you have any questions relating to the above or any other issue affecting you then get in touch by telephone 01389 756785 or by email info@jpsolicitors.com. Whilst the office is currently closed, we continue to work remotely and are on hand to provide advice and assistance.