Family Court Proceedings (Support)

General Question Time – in the Scottish Parliament at on 12 December 2024.

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Photo of Emma Harper Emma Harper Scottish National Party

To ask the Scottish Government what support it provides to people who are going through family court proceedings. (S6O-04105)

Photo of Siobhian Brown Siobhian Brown Scottish National Party

The Scottish Government provides funding to a range of voluntary sector bodies that can provide support in relation to family disputes. Support might also be available through the legal aid system.

Photo of Emma Harper Emma Harper Scottish National Party

I have been working with a family in Wigtownshire who are in the same position as many others, in that a contact order was given by a sheriff for a father to have contact with his son months ago, but that order is still not being complied with. The Minister will know that I have corresponded with her on the issue, but will she agree to meet me to explore whether a change could be made to the law that would compel a party to comply with a court order in a Scottish family court as in criminal cases?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

Delay in child contact proceedings is not in the child’s best interests, and I recognise the negative effect that non-compliance with contact orders can have on a child. If a person believes that an order has not been obeyed, they can go back to the court and ask for it to be varied, or they can ask for the person who did not obey the order to be held in contempt of court.

New case-management rules for family actions in the sheriff court came into effect in September last year, which are intended to help to prevent undue delay in proceedings relating to the welfare of children. I would be very happy to meet Ms Harper to discuss the matter further.

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