Response 33024807

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Obtaining the views of a child

1. Should the presumption that a child aged 12 or over is of sufficient age and maturity to form a view be removed from sections 11(10) and 6(1)(b) of the 1995 Act and section 27 of the 2011 Act?

Please select one item
Yes – remove the presumption and do not replace it with a different presumption.
Yes – remove the presumption and replace with a new presumption based on a different age.
No – Leave the presumption as it is.
Why did you select your answer above?
I think it is variable to the individual child at what age they are presumed able to make decisions. I also think placing a set age on children as younger are this could encourage parents to negatively influence the child to get them to speak in their favour/against the other parent.

2. How can we best ensure children’s views are heard in court cases?

Why did you select your answer above?
I think all children involved should speak to a support worker to get their views in a neutral environment but also to identify those who need support with the changes going on at home.

3. How should the court’s decision best be explained to a child?

Please select one item
Child support worker
Child welfare reporter
Another option (please specify)
If other, please specify:
I think parents should be able to do this but with the support of a support worker
Why did you select your answer above?
Children should get any news that may be upsetting from a parent if possible, but with the support of a professional who can advise and guide the parent.

4. What are the best arrangement for child welfare reporters and curators ad litem:

Please select one item
There should be no change to the current arrangements
A new set of arrangements should be put in place that would manage and provide training for child welfare reporters. (option 1 described above above)
The existing arrangements should be modified to set out minimum standards for child welfare reporters and allow the Lord President and Sheriffs Principal to remove them from the lists if the reporters cease to meet the necessary standards. (option 2 described above)
Another option
Why did you select your answer above?
I think we need to train a huge number of support workers so make sure every child going through a separation of their family has access to support and a place to make their views known.

Commission and diligence

5. Should the law be changed to specify that confidential documents should only be disclosed when in the best interests of the child and after the views of the child have been taken into account?

Please select one item
Yes
No
Why did you select your answer above?
Children will be more likely to feel able to speak openly if they feel their confidentiality is maintained unless they are at risk.

Contact

6. Should Child Contact Centres be regulated?

Please select one item
Yes
No
Why did you select your answer above?
I think until there are more centres and more funding to upgrade them to one standard then regulation is likely to cause closures in the short term.

7. What steps should be taken to help ensure children continue to have relationships with family members, other than their parents, who are important to them?

I really don't know but I do believe it is important to look at the wider family. Children need a good support network and some children are having access to half their network removed at a time of stress when a separation occurs.

8. Should there be a presumption in law that children benefit from contact with their grandparents?

Please select one item
Yes
No
Why did you select your answer above?
With pressure to return to work and lack of affordable childcare most grandparents play a huge and important role in raising children and this should be reflected. Also if a parent chooses to walk away this should not mean the whole family are not able to maintain relationships.

9. Should the 1995 Act be clarified to make it clear that siblings, including those aged under 16, can apply for contact without being granted PRRs?

Please select one item
Yes
No
Why did you select your answer above?
Essential they are able to maintain contact.

10. What do you think would strengthen the existing guidance to help a looked after child to keep in touch with other children they have shared family life with?

I am not sure this can be improved. I agree at least frequent contact must be maintained.

11. How should contact orders be enforced?

Please select one item
Option one: no change to existing procedure.
Option two: alternative sanctions. (eg unpaid work, attending a parenting class or compensation)
Option three: making a breach of a contact order a criminal offence with penalties including non prison sentences and unpaid work.
Another option.

Cross border cases within the UK: jurisdictional issues

12. Should the definition of “appropriate court” in the Family Law Act 1986 be changed to include the Sheriff Court as well as the Court of Session?

Please select one item
Yes
No
Why did you select your answer above?
Cost saving and more straightforward

13. Are there any other steps the Scottish Government should be taking on jurisdictional issues in cross-UK border family cases?

Please select one item
Yes
No

Parentage

14. Should the presumption that the husband of a mother is the father of her child be retained in Scots law?

Please select one item
Yes
No
Why did you select your answer above?
Unless suggested otherwise

15. Should DNA testing be compulsory in parentage disputes?

Please select one item
Yes
No
Why did you select your answer above?
I dont think any testing of a child should be forced.

Parental Responsibilities and Rights

16. Should a step parents parental responsibilities and rights agreement be established so that step parents could obtain PRRs without having to go to court?

Please select one item
Yes
No
Why did you select your answer above?
I don't think it is straightforward enouhgh to say everyone can do this without going to court.

17. Should the term “parental rights” be removed from the 1995 Act?

Please select one item
Yes
No
Why did you select your answer above?
I think in law there does need to be a recognition of whose right to parent is and when it needs to be changed.

18. Should the terms “contact” and “residence” be replaced by a new term such as “child’s order”?

Please select one item
Yes
No
Why did you select your answer above? If you answered yes what terms should be used?
Because it is about contact and residency. Renaming it will make no difference

19. Should all fathers be granted PRRs?

Please select one item
Yes
No
Why did you select your answer above?
The fact that this is even under question is worrying! Mothers and fathers from time of conception onwards should have PRRs.

20. Should the law allowing a father to be given PRRs by jointly registering a birth with the mother be backdated to pre 2006?

Please select one item
Yes
No
Why did you select your answer above?
Because this should have been the case for a long time.

21. Should joint birth registration be compulsory?

Please select one item
Yes
No
Why did you select your answer above?
There are many reasons why it may not be possible.

22. Should fathers who jointly register the birth of a child in a country where joint registration leads to PRRs have their PRRs recognised in Scotland?

Please select one item
Yes
No
Why did you select your answer above?
Makes sense to do this.

23. Should there be a presumption in law that a child benefits from both parents being involved in their life?

Please select one item
Yes
No
Why did you select your answer above?
Again is concerning we need to ask this question. I think the evidence already stands that not having both parents in your life is detrimental.

24. Should legislation be made laying down that courts should not presume that a child benefits from both parents being involved in their life?

Please select one item
Yes
No
Why did you select your answer above?
This should only be needed for situations where there is a risk from one parent or the other.

25. Should the Scottish Government do more to encourage schools to involve non-resident parents in education decisions?

Please select one item
Yes – put the pupil enrolment form and annual update form on to a statutory basis.
Yes – issue guidance on the enrolment form and annual update form.
Yes – other (please specify).
No – no further action by the Scottish Government is required.
Why did you select your answer above?
Having both parents engaged and supporting a child through school is best for the child.

26. Should the Scottish Government do more to encourage health practitioners to share information with non-resident parents if it is in the child‘s best interests?

Please select one item
Yes – legislation.
Yes – guidance.
Yes – other (please specify).
No – No further action is required.
Why did you select your answer above?
You need legislation not guidance.

27. Does section 11 of the 1995 Act need to be clarified to provide that orders, except for residence orders, or orders on PRRs themselves, do not automatically grant PRRs?

Please select one item
Yes
No
Why did you select your answer above?
I dont think this is needed.

28. Should the Scottish Government take action to try and stop children being put under pressure by one parent to reject the other parent?

Please select one item
Yes
No
Why did you select your answer above? If you selected yes, what should be done?
This is a huge cause of stress and emotional turmoil for children and can affect the rest of their life. It must be recognised as an issue and dealt with and these children supported.

29. Should a person convicted of a serious criminal offence have their PRRs removed by the criminal court?

Please select one item
Yes – by an application to the criminal court following a conviction to remove that person’s PRRs.
Yes – by giving the criminal court a duty to consider the removal of PRRs when a person is convicted of certain types of offences.
No – leave as a matter for the civil courts.
No – other way.
Why did you select your answer above?
Think this needs assessed on a case by case basis.

Child Abduction by parents

30. Should the reference in section 2 of the 1995 Act to “exercising” parental rights be changed to reflect that a person may not be exercising these rights because the child is now outwith the UK?

Please select one item
Yes
No

31. Should section 6 of the Child Abduction Act 1984 be amended so that it is a criminal offence for a parent or guardian of a child to remove that child from the UK without appropriate consent?

Please select one item
Yes
No
Why did you select your answer above?
Otherwise there is no deterrent to the removing parent and little the parent left behind can do.

Court Procedure

39. Should the Scottish Government introduce a provision in primary legislation which specifies that any delay in a court case relating to the upbringing of a child is likely to affect the welfare of the child?

Please select one item
Yes
No
Why did you select your answer above?
Lawyers often use delay tactics so that by the time cases are heard the new normal for children is with a parent excluded and so the court seem less likely to move chicldren back etc. Cases need to be heard as quickly as possible.

40. Should cases under section 11 of the 1995 Act be heard exclusively by the Sheriff Court?

Please select one item
Yes
No
Why did you select your answer above?
Think individual cases could be referred on if needed.

41. Should a check list of factors for courts to consider when dealing with a case be added to section 11 of the 1995 Act?

Please select one item
Yes
No
Why did you select your answer above? If you answered yes please give details about what should be in such a check list.
To provide a better standardisation of how cases are dealt with.

Alternatives to Court

42. Should the Scottish Government do more to encourage Alternative Dispute Resolution in family cases? Please select as many options as you want.

Please select all that apply
Yes – introduce Mediation Information and Assessment Meetings in Scotland.
Yes – better signposting and guidance.
Yes – other.
No – No further action required.
Why did you select your answer(s) above?
This has to be preferable to clogging up courts and letting a stranger make decisions.

43. Should Scottish Government make regulations to clarify that confidentiality of mediation extends to cases involving cross border abduction of children?

Please select one item
Yes
No

44. Should Scottish Government produce guidance for litigants and children in relation to contact and residence?

Please select one item
Yes
No

Children’s Hearings

48. Do you think the Principal Reporter should be given the right to appeal against a sheriff’s decision in relation to deemed relevant person status?

Please select one item
Yes
No

49. Should changes be made which will allow further modernisation of the Children’s Hearings System through enhanced use of available technology?

Please select one item
Yes
No

50. Should safeguarder reports and other independent reports be provided to local authorities in advance of Children’s Hearings in line with other participants?

Please select one item
Yes
No

51. Should personal cross examination of vulnerable witnesses, including children, be banned in certain 2011 Act proceedings.

Please select one item
Yes
No

About you

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(Required)
Individual
Organisation