Justice Committee backs Family Bill

Call for integrated support services and specialist courts to be added to reforms

News, 7 July 2005

The Scottish Parliament's Justice 1 Committee has broadly welcomed the proposed family law reforms, but wants the Executive to consider further measures, in its report on the Family Law (Scotland) Bill published today.

The Committee has particularly called on the Executive to conduct a full review of existing relationship support services and consider of whether these could be delivered in a "one-stop shop", as in Australia.

This could include an information pack containing advice on the legal and practical consequences for couples entering into a particular relationship (whether marriage, civil partnership or cohabitation), access to reconciliation services at an early stage should a relationship fall into difficulty, and mediation assistance and legal advice from trained experts should attempts at reconciliation fail.

A further reform the Committee recommends is the development of a system of specialist family courts across Scotland, through a pool of experienced and specially trained sheriffs. Such a court already exists in Glasgow.

Convener Pauline McNeill commented: "The bill has been a long time in the making and our Committee is happy to give its support to the broad thrust of the proposals, but it is also clear that a lot more work needs to be done to get the detail right.

"It is right that the law should be updated but the Committee’s firm view is that at the end of this legislative process, there needs to be clarity – for members of the public and the courts – as to what rights will attach to individuals in different relationships, whether this be marriage, civil partnership or individuals who are cohabiting."

The Committee voices concern that the legislation has not been backed up by guidance to health boards and education authorities and, as a result, there is potential for the provisions on parental rights and responsibilities to mean different things in different areas of Scotland.

It also recommends further investigation into claims that the cost of going to court for step-parents and grandparents seeking parental rights is prohibitive.

The parliamentary debate on the general principles of the bill is expected to take place in mid-September.