Children (Scotland) Act 2020
| Act of the Scottish Parliament | |
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| Long title | An Act of the Scottish Parliament to amend the law relating to children; and for connected purposes. |
|---|---|
| Citation | 2020 asp 16 |
| Introduced by | Ash Denham MSP, Minister for Community Safety |
| Dates | |
| Royal assent | 1 October 2020 |
Status: Current legislation | |
| History of passage through the Parliament | |
| Text of the Children (Scotland) Act 2020 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Children (Scotland) Act 2020 is an act of the Scottish Parliament which reformed the law in relation to children.
Background
The legislation was introduced as a measure to bring Scots law into closer alignment with the United Nations Convention on the Rights of the Child.[1]
Provisions
The act establishes a legal duty for courts to ensure the children's participation in family court cases.[2]
The act removed the existing age presumption of 12 years for capacity to form a view with a presumption that all children can form views, irrespective of age.[3]
The legislation contains certain provisions relating to victims of domestic abuse.[4]
Under the legislation, the use of alternative dispute resolution mechanisms are promoted.[5]
References
- ^ Morrison, Fiona; Tisdall, Kay (22 May 2020). "Scotland's Children Bill: why the law needs to protect the rights of the child when parents separate". The Conversation. Archived from the original on 7 June 2020. Retrieved 23 July 2025.
- ^ Barnes Macfarlane, Lesley-Anne (12 April 2021). "Out of the mouths of babes". Law Society of Scotland. Archived from the original on 24 September 2021. Retrieved 23 July 2025.
- ^ Barnes Macfarlane, Lesley-Anne (8 March 2021). "A new welfare test: plus ça change?". Law Society of Scotland. Archived from the original on 20 June 2025. Retrieved 23 July 2025.
- ^ Baker, Gillian (8 March 2021). "Child contact and protection from domestic abuse". Law Society of Scotland. Archived from the original on 16 March 2021. Retrieved 23 July 2025.
- ^ Sutherland, Elaine E (12 July 2021). ""Avoid lawsuits beyond all things"". Law Society of Scotland. Archived from the original on 20 October 2021. Retrieved 23 July 2025.