Support for changes to family law

Scots back new rights for cohabiting couples and unmarried fathers

News, 13 October 2004

Scots want greater legal safeguards for co-habiting couples and automatic parental rights for unmarried fathers. These were among the results of the Executive's recent consultation on reforming family law, according to the analysis of responses just published by the Executive.

However while there was support for additional rights for cohabitants, such as the right to apply for financial provision following separation or a share in an estate on death, less than half of respondents favoured a package of more specific rights.

A majority agreed that it should be easier for stepparents to acquire parental rights and responsibilities, though some concerns were expressed that the child's views should be properly taken into account; but more respondents also accepted that grandparents should not have automatic rights of contact with their grandchildren.

A general feeling could be seen that people feel the court system is too adversarial and there should be dedicated family courts. Some also expressed the view that any reforms should not make the law more complicated as it should be as simple as possible for people representing themselves in court.

Justice Minister Cathy Jamieson said: “There will always be a range of views on the best way ahead in considering such sensitive issues. However, I am pleased that the broad tone of the responses received has been positive, endorsing the three core principles that will guide this reform - the best interests of children, support for families and the reality of families in Scotland today.”