MSPs consider giving children voice in family breakdown hearings

MSPs are considering a move to ensure children are given a say in legal proceedings when families break down.

There's fears children could be suffering in silence
Published 20th Sep 2019

MSPs are considering a move to ensure children are given a say in legal proceedings when families break down.

Proposals put forward by the Scottish Government as part of the Children Bill, published earlier this month, would allow youngsters' views to be heard by the court.

The legislation aims to further strengthen the family law system, with plans to also regulate child contact centres to ensure they are safe places for children to meet family members.

Child welfare reporters, who may be appointed when the court has been asked to resolve a dispute between parents, will also be regulated under the Bill in a move to ensure reporters are trained to understand and respond to issues such as domestic abuse and coercive control.

It will also set out to bring improvements for domestic abuse victims and their children by allowing special measures such as screens and a live video link to be used in child welfare hearings, as well as prohibiting a party from conducting their own case if there is a vulnerable witness.

The plans are to be scrutinised by Holyrood's Justice Committee, with a public consultation being launched to gather views.

Committee convener Margaret Mitchell said: “The committee recognises this area of family law has always been contentious, with different groups having their own viewpoints.

“Balancing the rights and responsibilities of children, mothers, fathers, siblings, grandparents and wider families and step-families is difficult to get right.

“Particularly when every case has its own individual circumstances where the specifics matter.''

She added: “The committee will be a forum to hear those viewpoints, to consider whether the right balance has been struck in this Bill and perhaps to propose amendments.

“Whatever views you have on the proposals, making your feelings known to the committee is an important step towards creating a law that works for as many people as possible.

“Committee members therefore urge people to get in touch."