Parliament Workbench

Petition · PE01529 · Session 4

Enforcement of child court orders

Closed Submitted 27 Mar 2014 Justice
Signatures
1
3 online signatures with a country
Comments
2
Considered
2 meetings
in the Official Report

What it asks

Calling on the Scottish Parliament to urge the Scottish Government to strengthen court orders for child access and provide a more straight forward enforcement procedure that does not require further court expenses

What the petitioner did first

I have tried to discuss it with the other parent but unfortunately dialog was not established or constructive. I have contacted my lawyer and have to return to court for enforcement which incurs more expense which could possibly be made that the other party pays for this expense . I have contacted various MSPs. I have spoken to the Scottish Government child legal team who have stated that they can't enforce the order due to the best interests of the child which contradicts the order as the order states what is best for the child. MSPs are taking this to the justice minister for an explanation of why the order is not enforceable. Scottish Government states that it is a civil matter and cannot be enforced leaving me to question what the purpose of granting an order is if it can't be enforced.

Where it was considered

Official Report
  1. 30 Sep 2014
    Public Petitions Committee
    New Petitions
    1 mention
  2. 25 Nov 2014
    Public Petitions Committee
    Current Petitions
    2 mentions

Signatures by country

3 online signatures
  1. Scotland3 100%

Comments

2 comments, oldest first
  1. Kevin 25 May 2014
    I find it is an injustice that you go throughout court obtain a court order and no one cares about it and no one enforces it. The courts have deemed what is best for the child so it should be enforced. To spend a lot more money to go to court to obtain what you already have is a criminal act to the pursuer. If you need to return to court you should not have to pay to have something you already have enforced.
  2. Lydia Reid 1 Jul 2014
    Over many years I listened to Grandparents and fathers on the phone telling me the stories of the loss of contact to a much loved child
    depression feelings of suicide from them at times
    What most people find hard to understand is that the father feels just as worried and bereft when contact is in dispute
    Often these men have been the main carer and want to know about dentist and doctor appointments
    Is the man my ex is seeing really a drug dealer

    I also watched men sell houses Grandparents take out loans
    Fathers lose their businesses to fund the constant court cases

    This is heartrenching to watch

    When a Mum or a Dad loves a child you simply love that child and will do anything to keep them in your life

    My heart goes out to all in these cases

    Mostly though my heart hurts for the child
    Some children can be put to bed at night by a loving dad and by the time they wake up this same person has turned into a monster that they cannot speak about

    So my sympathy lies with this child
    the child has the right to the stability love and care of both parents
    The child does not stop loving the other parent

    When a court order is made to grant contact as it should be
    The child has been granted the right of parentage
    The god given right to know and love both parents
    Nothing should stop that
    Change our courts
    Give a child the right to know and be loved and feel the security of both parents and when the court order is made
    Enforce it for the child's sake