Scottish government launches consultation on family law reform

Annabelle Ewing

The role of the courts in cases involving children of separated parents and the law around parental responsibilities and rights will be considered as part of the consultation on key themes to be included in a family justice modernisation strategy.

It seeks the public’s views on issues such as:

• How the court obtains the views of the child in family cases
• Protection of victims of domestic abuse and their children during family court proceedings
• Regulation of child contact centres and of child welfare reporters who advise sheriffs and judges in family court cases
• How children can maintain relationships with key adults in their lives
• Alternatives to court such as family mediation and other forms of alternative dispute resolution
• Aspects of the Children’s Hearing’s system, which aims to ensure the safety and wellbeing of vulnerable children and young people

It will also ask for opinions about changes to the law to prevent direct cross-examination of victims of domestic abuse by their alleged abusers in child contact cases before the civil courts.

Legal Affairs Minister Annabelle Ewing said: “We know that family breakdown can be very upsetting for children and it is our responsibility to ensure that the family justice system is supportive and does not contribute to their distress. That means putting the best interests of the child first in every case and feedback from this consultation will help us to identify where changes are needed.

“The often sensitive issues involved can give rise to competing viewpoints, and that is why we are looking for as wide a range of responses as possible to help shape the future of family law in Scotland.

“In this Year of Young People I am particularly keen to hear the views and first-hand experiences of children and young people and we have produced child-friendly questions to encourage them to get involved.”

Janys Scott QC

Janys Scott QC, chair of the Advocates’ Family Law Association, said: “A family justice review that looks at how we take decisions about children, as well as what decisions we make, is more than welcome. As advocates, we are only too well aware that there is room for improvement and we will be pleased to contribute to the review.

“One of the principal concerns must be about timescales. Children are growing and developing. Decisions have to be taken in time to be helpful to them.

“It is pleasing to see that young people are being encouraged by the Scottish Government to be involved in this consultation, and that their views will be fully considered consistent with the United Nations Convention on the Rights of the Child.”