Alison Cleland

Children's Participation in Family Law Proceedings: A Step Too Far or a Step Too Small?

The Children (Scotland) Act 1995 established childrens rights to have their views considered in family law proceedings. These rights go further than elsewhere in the UK: in requiring parents to consult their children when making any ‘major decision’, in creating a range of mechanisms for children to state their views and through facilitating children becoming party to legal proceedings if they are legally competent. Such rights are not without controversy, either in abstract (Is it in childrens best interests to be involved in court proceedings? Should children have such rights?) or in practice (Do children and parents know of these rights and accompanying duties? How do legal professionals judge a childs competency?). This paper explores such controversies, using findings from a feasibility study undertaken with children, parents and legal professionals.

Listening to the views of children? Principles and mechanisms within the Children (Scotland) Act 1995

Great emphasis is now placed on consulting, listening to and hearing the views of children and young people. The Children (Scotland) Act 1995, along with its parallel legislation the Children (Northern Ireland) Order 1995 and the Children Act 1989, were critical in establishing this principle in UK legislation. However, practical questions remain about how to consult children and young people effectively and consistently. This article is based on a close reading of the Scottish Act and its regulations and guidance, in order to ascertain when, where and how childrens views are considered. While the Act makes a dedicated attempt to include principles and mechanisms for promoting responsiveness to childrens views, the final result is a complicated collage that is not easily grasped, is not consistent in its processes for consulting children and which places different requirements on professionals (and parents) depending on the area of law.