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Review of the Children (Scotland) Act 1995

Review of the Children (Scotland) Act 1995

The Scottish Government is reviewing the Children (Scotland) Act 1995 to ensure the interests of children and their need to form and maintain relationships with key adults in their lives – parents, step-parents, grandparents and other family members – are at the heart of any new statutory measures.

The Government held a public consultation, including a child-friendly version between 15 May 2018 and 28 September 2018. The consultation also covered parts of the Family Justice Modernisation Strategy.

In May 2019 we published:

In the Programme for Government for 2018/19, the Scottish Government announced that there will be a Family Law Bill introduced during this parliamentary session.  The current session is due to end in 2021.  The Bill will make a number of changes to family law, in particular to further ensure that the child’s best interests are at the centre of any contact and residence cases.

Earlier work on the review

The Scottish Government chaired a meeting in January 2017 about the enforcement of contact orders made under section 11 of the Children (Scotland) Act 1995.  We have published a note of the meeting.

The Scottish Government held a roundtable discussion in December 2015 and sent a letter seeking views on commission and diligence to a number of key stakeholders in March 2016. A note of the meeting is available here. A copy of the letter sent to stakeholders is available here.