Private children proceedings in Scotland
Produced in partnership with Karen Gibbons of Harper Macleod LLP
Private children proceedings in Scotland

The following Family practice note produced in partnership with Karen Gibbons of Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Private children proceedings in Scotland
  • Parental responsibilities and rights
  • Parental responsibilities
  • Parental rights
  • Acquiring parental responsibilities and rights
  • Views of children
  • Guardianship
  • Court orders relating to children
  • Orders that can be made
  • Principles to be considered by the court
  • More...

Private children proceedings in Scotland

Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of hearings to be dealt with remotely, see here. For further details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

This Practice Note provides an introduction to private children proceedings in Scotland, including as to parental responsibilities and rights and how they may be acquired, the appointment of a guardian, orders that may be made by the court under the Children (Scotland) Act 1995 (C(S)A 1995) and matters the court must have regard to. It also considers the jurisdiction of the Scottish courts in private children proceedings and procedure in both the sheriff court and the Court of Session.

While the principles behind decision making are similar between the systems in Scotland and in England and Wales, for example the welfare principle and the minimum

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