Child Law

No child aged under 18 will be sent to a young offenders institution under legislation that has been introduced to the Scottish Parliament. The Children (Care and Justice) (Scotland) Bill aims to improve experiences and outcomes for children by diverting them away from the criminal courts, with maxi

The Scottish Child Law Centre is celebrating its 30th anniversary. Since it was established, the centre has advised over 50,000 parents, carers, children and young people on their legal rights and has had a major impact on thousands of lives.

The Home Office charged children an excessive sum to register as British citizens, a court has ruled. The Court of Appeal ruled that the fee of £1,012 charged by Priti Patel's department breached child welfare rules.

A petition lodged at Holyrood calls for an assurance from the Scottish government that non-statutory child advocacy services are properly regulated to ensure competence, transparency and accountability. Petitioners Martin Baker and Katherine Bailey write: "We believe any non-statutory child adv

A new bill which would allow children to take public bodies to court for breaches of their rights by incorporating the United Nations Convention on the Rights of the Child (UNCRC) into Scots law should be extended to include private sector and voluntary organisations who deliver public services, acc

A survey has revealed support for changes in the law to promote shared parenting. Amendments to the Children (Scotland) Bill including ones on renaming contact and residence and on a requirement to consider equal residence time between parents by default will be debated by the Justice Committee next

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. The case was heard in November 2019. The judgment

Amanda Masson explains the details of a recent high-profile family law case. The case of Leigha Collins has attracted much comment. She was ordered by the court in Scotland to return to Malta no later than 5 June with her son, H, who is one year old, on the basis of an application by H's father in t

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. Measures in the Children (Scotland) Bill include regulation of child contact centres to ensure every one is a safe place for c

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

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

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”. In response to a call by the Scottish Parliament’s Justice Committee for comments on the Children (Scotland)

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.  The Children (Equal Protection from Assault) (Scotland) Bill passed by the Scottish Parliament yesterday abolishes t

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.  The act was passed in Oct

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. The Way Forward for Scotland calls for changes in the law and legal procedures to "promote the positive value to children