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IMPROVING FAMILY LAW IN SCOTLAND: ANALYSIS OF WRITTEN CONSULTATION RESPONSES

CHAPTER NINE ADDITIONAL COMMENTS

The consultation asked:

9.1 DO YOU WISH TO MAKE ANY ADDITIONAL COMMENTS ON THE PROPOSALS FOR IMPROVING FAMILY LAW IN SCOTLAND?

Many respondents took this opportunity to provide a general comment on the consultation issues, with some repetition of points made at earlier stages. The overall mood of these responses was critical with many documenting relatively strong views often based on personal experience. However, the nature of the responses suggested that respondents recognised the importance of the proposed legislation and its impact on the lives of ordinary people. One comment reflected this:

" surely some of the most important legislation we will see in our lifetimes" (Indiv 43)

Comments have been grouped under themes below.

Proposals Undermine Marriage and Threaten Family Life

This was the theme most commonly raised by respondents. The general view was that the proposals appeared to give too much weight to relationships other than marriage whilst failing to promote the conventional marriage and family unit. Many respondents provided commentary on this theme. A selection of extracts from their responses follows:

As can be seen, the consultation drew relatively strong views, but also provided the opportunity for those holding them to voice them clearly. Overall, much common ground emerged amongst respondents wishing to see greater preparation for, promotion of and assistance given to strong family units comprising parents and children.

Law Unfair to Fathers and Others with Contact Problems

Many respondents urged that more should be done to address the problems they were experiencing with using their rights of contact with their child. It was argued that the proposals appeared to further marginalise the position of fathers, and mothers should not be placed in a position whereby they can permit or deny rights of access. One suggestion was that fathers who regularly had to pay for overnight accommodation in order to make contact with their children should perhaps be granted some financial allowance (Char 75). Another respondent highlighted what they perceived to be the anomaly whereby fathers had to pay maintenance for their children but did not have access rights, this appearing, " patently unbalanced and unsustainable" (Indiv 47).

Legislation should be more Child Oriented

Several respondents considered the proposals to be too adult oriented with too little attention paid to mechanisms for taking children's views into consideration and placing their needs first. One comment was that even 5 year olds should have a say in proceedings (Indiv 36) with another remark that the proposals do not appear to meet their stated principle of being in the child's best interests (Faith 162). One specific recommendation was that where possible, siblings should not be split up following the break-up of their parents' relationship (Indiv 51).

Rights of Grandparents

A recurring theme was that the law was unfair to grandparents (Char 71) and made them feel like second class citizens (Indiv 284). One specific question raised was why should grandchildren be looked after by foster parents when they had what was seen as loving grandparents who could care for them (Indiv 145, Indiv 147, Indiv 148).

Preparation for Marriage

A common view which emerged throughout the consultation was that more Government support should go into initiatives which prepared people for marriage. Requests were made for a higher profile for this work.

Other comments were provided by just a few respondents:

• The consultation should have made more mention of Family Mediation Services and their role in dispute resolution
• More emphasis should be placed on reconciliation services
• There is a need for greater specialism amongst professionals involved in family law
• Legal Aid provision needs to be re-examined and the perceived unfairness of one partner receiving this whilst the other has to pay for court action should be addressed
• Christian Ministers should become more involved in family law issues
• All of the proposals should be underscored by equal opportunities and fairness of treatment for LGBT couples
• There should be greater consistency in family law between different UK jurisdictions
• There should be more emphasis on interventions at an early stage in family conflicts
• Laws on succession can create unfairness where families have broken up and they need to be addressed
• More attention should be given to addressing drug and alcohol abuse which is often associated with family breakdowns
• There needs to be a greater consolidation of family law legislation - " there is now a mosaic of statutes covering family law in Scotland, some of which are more than thirty years old" (Legal 316)
• There is a need to address the perceived anomaly of parents without responsibilities and rights being held legally responsible for the behaviour of a child under Anti-Social Behaviour legislation
• The consultation does not say anything about religious divorces (Indiv 333)

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