Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S2W-06371 · Session 2

What plans it has to encourage fathers, in cases of divorce or separation, to stay in contact with their children and to simplify the legal…

Answered Asked by Brian Monteith Con Lodged 23 Feb 2004

The question

To ask the Scottish Executive what plans it has to encourage fathers, in cases of divorce or separation, to stay in contact with their children and to simplify the legal process and what the planned timescale is of its proposed bill on family law.

The answer

Answered by Cathy Jamieson on 8 Mar 2004 · 14 days after it was lodged, on time

The Scottish Executive believes that both parents should continue to be involved in theirchild’s upbringing following separation or divorce, where this is practical andin the best interests of the child. The Children (Scotland)Act 1995 provides the court with sufficient powers to deal with the complexsituations that can arise when families are in transition and arrangements forresidence or contact may be disputed.
In our white paper Parentsand Children we proposed giving automatic parental responsibilities andrights to unmarried fathers who in the future register the birth of their childjointly with the mother. We will issue in the near future a furtherconsultation on our proposals for the reform of family law. We will bringforward a bill in due course and when Parliamentary time permits.
We realise that someparents, especially fathers, are not aware of the current law and how itaffects their parental rights. We will make sure that any changes that we maketo family law are made widely known so that parents are aware of their legalposition in relation to their children.

In the Official Report

No contribution in the Official Report cites S2W-06371 by reference.