Family law puts children firstNew laws, which come into force on Thursday 4th May, will modernise out-of-date legislation on marriage, co-habitation, divorce and parental responsibilities. “The welfare and rights of children are central to the new Family Law (Scotland) Act,” said Falkirk East MSP Cathy Peattie. “The proposals will provide legal safeguards for all of Scotland’s families and ensure that parents and children are not left vulnerable, whatever their family structure. The new legislation is there to make sure that when a relationship between parents break down, the interests of children are at the heart of any decisions that have to be made.” Key changes to the legislation include establishing parental responsibilities and rights for unmarried fathers who jointly register the child's birth; reducing separation periods for divorce without consent from five to two years, and with consent from two years to one year; and, legal safeguards for cohabiting couples, to ensure the best interests of children are protected if these relationships break down. “The Scottish Executive will also pilot a scheme to take action in cases where one parent is refusing to act in accordance with a court order, based on what is in the best interests of the child,” added Cathy. “And there is a commitment to a ‘Grandparents Charter’ focussing on the important role grandparents can play. “My office will be happy to help if anyone wants copies of guidance or other information on the issue.” |
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