This item was published during the term of a previous administration that ended in April 2007
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Children at heart of family law
31/05/2005
Children must not be forgotten when relationships break
down, Deputy Justice Minister Hugh Henry warned today as he
prepared to give evidence to the Justice 1 Committee on the
Executive's family law reforms.
Speaking ahead of tomorrow's committee appearance, the
Minister said the Family Law (Scotland) Bill would provide
a robust legal framework to ensure that children received
appropriate protection by adults - and that those adults
were aware of their responsibilities and rights.
Key provisions in the Bill include:
- Establishing parental responsibilities and rights
for unmarried fathers who jointly register the child's
birth
- Reducing separation periods for divorce without
consent from five to two years and with consent from
two years to one year. This will reduce acrimony and
enable couples who are determined to end their marriage
to do so without unnecessary conflict and
recrimination
- Legal safeguards for cohabiting couples, to ensure
the best interests of children are protected if these
relationships break down
Mr Henry said:
"It is everyone's responsibility from families through
to Government to safeguard children's interests. All of our
family law reforms are designed to put children first and
to give them the stability and security they need during
their formative years.
"Sadly, it's a fact of modern life that not all families
are happy all the time. Family bonds may be tested and may
break down. Adult partners can sometime work together to
agree solutions and in those cases family law is not
intended to interfere, but to provide a safety net.
"However, we need to recognise that this may not be
possible. In those cases, family law can and should
safeguard cohabiting couples. It should help and protect
children move on when their parents choose to divorce - not
as a means to devalue the importance of marriage, but to
reflect the changing shape of our society, when and if
relationships do break down.
"We also recognise that for these legal changes to be
effective they must go hand in hand with non-legislative
support. That's why we are also working to develop a range
of initiatives including a draft charter for grandparents,
parenting agreements offering guidance to parents on…..and
a family relationships help line. We are also working with
national bodies to strengthen mediation services which can
help resolve conflict and to manage change when
relationships breakdown.
"I am convinced that this approach of placing children
at the heart of our family law reforms and improving
non-legislative support for families who need it, is the
right and sensible approach. And that it will support our
on-going efforts to ensure that all young Scots are able to
receive the best possible start in life and to realise
their full potential."
The Family Law (Scotland) Bill was introduced to
Parliament on Monday February 7. 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.