HM Insights

Is it time for change for Child law in Scotland?

Nadine Martin, as Associate in the Family Law team at Harper Macleod, examines the key themes and issues in the Scottish Government's consultation on part 1 of the Children (Scotland) Act 1995.

On 15 May 2018, the Scottish Government launched a consultation to consider part 1 of the Children (Scotland) Act 1995. It considers issues affecting children and families which have come into sharper focus since 1995, including the evolution of the modern family unit, as well as international mobility of families and domestic abuse. It also considers areas where law and procedure have evolved through years of practice and whether they might benefit from clearer regulation and training.

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The consultation covers a wide range of issues which affect children, parents and other family members. There is a clear aim to consider topics which have come into sharper focus since 1995, including more modern and complex family arrangements, step-family relationships, shared care between separating parents, grandparents' rights, international mobility of families and domestic abuse. It also looks at areas where law and procedure have evolved organically through years of practice and whether those areas might benefit from clearer regulation and training for practitioners and members of the judiciary.

You can read the full article on the website of The Journal of the Law Society of Scotland here

  • Nadine is also co-authoring the Glasgow Bar Association's response to the Scottish Government's consultation paper along with two GBA committee members.