Kevin Kane

In a survey conducted last year by SPS, respondents were asked how many different sheriffs had heard their child contact court case. Forty-one per cent reported that four or more sheriffs had appeared on the bench at some point. Twenty per cent had more than five sheriffs.

Only 20 per cent had the same sheriff for the duration of their court case.

It has been an aspiration of the judiciary for many years that there should be judicial continuity as far as possible in family cases. New case management rules were brought in in September 2023 setting out that “Where possible, the same sheriff is to preside” at all stages of a case.

Kevin Kane, Shared Parenting Scotland chief executive, said: “The benefits of judicial continuity have been long recognised. It allows the sheriff to get to know the parties and get a fuller picture of the issues and potential resolutions. Equally it gives the parties a chance to present their arguments without having to start again every time a new face appears on the bench and worry about what instant opinion the new sheriff might form.

“They fear the temptation for a new sheriff dropping in on a case that has already been underway for some time is to continue it to another date. That is likely to prolong proceedings further even though the new case management rules in September 2023 were intended to shorten them. Delay in itself can prolong the damaging uncertainty for the children involved and for their parents. It also adds to the costs either to individuals or to the Scottish Legal Aid Board.”