Inner House judges comment on poor management of child contact and residence cases

Court of Session judges have commented on poor management of child contact and residence issues in a case in which a mother’s conviction for contempt of court was overturned.Lord Glennie stated in his leading judgment: “The passage of time can have irremediable consequences for relations between the child and the parents, particularly the non-cohabiting parent seeking contact or greater contact. Delay in resolving the proceedings may result in de facto determination of the issue before the court.”

He went on to say that the time taken to resolve disputes about contact should be measured in weeks or, at most, months.

The judge added: ‘… there is a tendency for evidence to be led on all manner of issues thought to be of relevance, when all that is required is evidence going to the question of what is in the best interests of the child.’

Ian Maxwell, national manager of Families Need Fathers Scotland said: “In this case the father had been frustrated over several years in his attempts to maintain a meaningful parenting relationship with his child after separation.

“Families Need Fathers Scotland hears of many cases where court action drags out over several years, with fathers not seeing their children or having only very limited contact over this period.

“In addition to further damaging the relations between parents, court proceedings often empty bank accounts of money that should be going towards the children.”

“It is intolerable that our appeal court judges should be focussing on these issues yet again in 2017 when they have already been identified repeatedly in the Court of Session and notably in the UK Supreme Court in the case NJDB v JEG in 2012.

He added: “We look forward to changes in court rules to enhance case management and also to the Scottish government’s promised proposals for modernisation of family law.

“We are looking for steps towards a culture that expects full involvement of both parents with their children even after they separate. When that happens fewer cases will need to go anywhere near a court.”

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