child law

Considerable support for shared parenting upon separation

A survey has revealed support for changes in the law to promote shared parenting.

Published 19 June 2020

Supreme Court affirms importance of siblings but refuses appeal for relevant person status

The Supreme Court has today refused appeals by siblings challenging legislation which did not allow them relevant person status in the children’s hearing, but at the same time recognised the need to involve siblings in decisions by the hearing.

Published 18 June 2020

Amanda Masson: Child relocation and repatriation amid a global pandemic

Amanda Masson explains the details of a recent high-profile family law case.

Published 16 June 2020

Child welfare reporters regulated under proposed laws

Legislation to ensure that the rights of children are at the heart of any family law case, and that their views are heard, has passed its first hurdle at Holyrood.

Published 28 May 2020

Shared Parenting Scotland calls for action to prevent family case logjam

Shared Parenting Scotland has called for action to prevent a logjam of family cases in the Scottish courts once normal business resumes. 

Published 16 April 2020

Faculty: Judges should not have to explain to children decisions about their future

Explaining decisions about their future to children should not become a required part of a judge’s duty, the Faculty of Advocates believes.

Published 29 January 2020

Child legislation ‘potentially retrogressive’, Faculty fears

Concerns have been expressed by the Faculty of Advocates that planned legislation designed to ensure the voice of the child is heard in court could be “retrogressive”.

Published 28 November 2019

Law Society of Scotland: Education is essential next step for new smacking ban

New legislation banning the smacking of children needs to be supported by a comprehensive public education and awareness campaign, according to the Law Society of Scotland. 

Published 4 October 2019

Nicola Hogg: Scottish government launches consultation on child trafficking guardians

The Scottish government has launched a consultation on implementing section 11 of the Human Trafficking and Exploitation (Scotland) Act 2015, which supports the introduction of independent child trafficking guardians. Child law expert Nicola Hogg explains the details. 

Published 3 September 2019

Families Need Fathers Scotland calls for radical change in post-separation parenting arrangements

Families Need Fathers Scotland has produced a manifesto to coincide with the publication this week of the Scottish government's plans to reform the Children (Scotland) Act 1995.

Published 2 September 2019

Lord Carloway to deliver keynote at Adoption and Fostering Alliance Scotland conference

The Lord President, Lord Carloway is the keynote speaker at an annual legal conference on the voice of the child in adoption and fostering.

Published 11 June 2019

Jennifer Maciver: Children and the law – a balancing act

When a legal matter involves a child, there is a fine line between protecting the child and excluding them from something which directly impacts them, writes Jennifer Maciver.

Published 10 June 2019

Views sought on incorporation of United Nations Convention on the Rights of the Child into Scots law

The Scottish government is seeking views on how best to incorporate the UN’s ‘gold standard’ for children’s rights into Scots law and improve the lives of children and young people.

Published 22 May 2019

Young people's commissioner complains to UN over failures to protect children

Scotland's commissioner for children and young people has written to the United Nations, calling on it to intervene over issues including illegal restraint and the strip-searching of under-18s.

Published 9 April 2019

Court forms seeking views of children revamped

Court forms used to seek the views of children in family and civil partnership actions are to be replaced with revamped child-friendly versions.

Published 3 April 2019