Improving Scottish Family law

1. Introduction

1.1. Family Law is that part of Scottish private law which regulates the relationship between couples and between parents and children. Public law aspects of child welfare such as child protection and the children's hearing system are not considered part of Family Law. This paper considers how certain improvements might be made to Scottish Family Law to meet the principles set out in the Foreword.

1.2. In the main, the focus of the paper is on implementing recommendations made by the Scottish Law Commission (SLC). However, it also examines developments which have taken place in England and Wales in recent years and offers for comment potential changes for Scotland.

1.3 The remainder of this paper is divided as follows:-

Part 2 Divorce Law Reform	Considers the recommendations made in the SLC's Report on Reform of the Ground for Divorce1.
Part 3 Funding Family Mediation and Support services	Considers whether there should be a new statutory basis for funding family mediation and marriage support.
Part 4 Report on Family Law	Examines those recommendations in the SLC's Report on Family Law2 which have not already been implemented in the Children (Scotland) Act 1995;
Part 5 Unmarried Fathers	Offers changes to the Children (Scotland) Act 1995 to grant unmarried fathers parental responsibilities and rights.
Part 6 Step-parents	Proposes that step-parents could acquire parental responsibilities and rights by an agreement with the natural parents.
Part 7 Violence	Recommends modification of parental responsibilities and rights where there is violence.
Part 8 Matrimonial Property	Proposes limited changes to the treatment of matrimonial property in divorce.
Part 9 Annexes	Summary of Questions A: List of recommendations in the SLC Report on Family Law B: Statistics on Births and Divorces C: Scottish Office Funding of Family Mediation and Support

Comments on this paper should be sent by 18 June 1999 to:

Paul Parr The Scottish Office Home Department Civil Law and Legal Aid Division Spur V1, Saughton House Broomhouse Drive EDINBURGH EH11 3XD Telephone Number: 0131-244-2206 Fax Number: 0131-244-2195

DX ED20-557007

or by E-mail to civil.law.policy@scotland.gov.uk

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