This item was published during the term of a previous administration that ended in April 2007
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Family Law Bill published
08/02/2005
New legal safeguards to prevent children being used as
pawns when relationships break down and a stronger support
system that recognises the complexity of modern family
living were unveiled today in the Family Law (Scotland)
Bill.
It will provide a legal framework to ensure that
children are protected by adults who have a clear
understanding of their responsibilities and their
rights.
Its provisions include:
- Establishing parental responsibilities and rights
for unmarried fathers who jointly register the child's
birth
- Reducing separation periods for divorce from five
years to two
- Legal safeguards for cohabiting couples
Ministers are also bringing forward a number of
non-legislative initiatives to help families who need
support to deal with the challenges they face.
These include:
- Preparation of a draft charter for grandparents to
gain wider recognition of the role played by
grandparents
- Introduction of a Parenting Agreement for Scotland
- a tool that parents could use to resolve conflicts
over parenting time such as guidance on the kinds of
informal contact arrangements that tend to work
well
- Development of a single national family
relationship helpline to offer basic information and
help when families hit hard times
- A public information campaign designed to inform
people of changes to family law and signposting sources
of help and advice
- Working with national bodies to support mediation
services across Scotland, which can help to resolve
conflict and to manage change when relationships
breakdown
Deputy Justice Minister Hugh Henry said:
"Children are Scotland's potential. The best way of
bringing up children to realise their full potential is to
give them as much stability and security as possible.
"But sadly not all families are happy all the time.
Every family experiences times of difficulty and crisis. It
is at these times that the stability of family bonds is
tested and may break down.
"When adult partners are able to work together and agree
solutions, then family life is rightly an issue for
families themselves. Family law is not intended to
interfere with family life. It is a safety net. It is there
to make sure that when parents lose their balance, the
interests of children are not allowed to slip away.
"Reform of family law to safeguard cohabiting couples is
not intended to devalue the importance of marriage. It is
to reflect the changing shape of our society is a reality.
Unfortunately relationships do break down. And family law
needs to be updated to make sure that it reflects the needs
of all the people it is there to support.
"Of course family law is a sensitive issue and there
will always be a range of views on how best to provide that
support. But by putting children at the centre of our
reforms we are confident that this approach will strike the
right balance."
The Executive's consultation paper Family Matters:
Improving Family Law in Scotland was published in April and
more than 300 responses were received by the end of
June.
A number of reports on areas of family law were
published in preceding years, including a consultation
paper - Improving Family Law - published by the Scottish
Office in 1999. This was followed by a White Paper in 2000,
Parents and Children.
The Family Law (Scotland) bill also includes provision
to extend the scope of matrimonial interdicts to improve
protection offered to vulnerable cohabitants. The bill will
amend the existing legislation to ensure that protection
extends to cover the victim's everyday life and offers
protection to vulnerable cohabitants as well as spouses.
These reforms will complement existing legislative
provisions to tackle domestic abuse and strengthen the
protection available to victims.
The Parenting Agreement for Scotland will be authored by
Alan Finlayson OBE, a former Children's Reporter and
Honorary Sheriff of Lothian and Borders at Edinburgh. His
work will be supported by a steering group of
representatives from key organisations such as the
Association of Directors of Social Work in Scotland; Family
Law Association; Parenting Across Scotland; Couple
Counselling Scotland; Grandparents Apart Self Help Group
Scotland; Stepfamily Scotland; Children in Scotland;
Scottish Women's Aid; and Families Need Fathers. This group
will also support the Executive's work on a Grandparents'
Charter.