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Last Updated: Tuesday, 8 February 2005, 15:40 GMT
Have your say: Family law reforms
Parent and teenager
Children's interests are at the forefront of the legislation
The Scottish Executive has published its proposals to reform family law.

Ministers said that they had put children at the centre of the proposals, which include more access to mediation for couples splitting up.

Unmarried fathers who are registered on a birth certificate will be given parental rights and responsibilities.

There are also plans to allow couples to get divorced quicker, but there are no legal access rights for grandparents.

We asked what you think of the bill - here are your emails.


Reform is needed to reflect the changing shape of society. However, why are there always bills to support families, or single parents. It seems this country is far too much children orientated. I am a young married female who contributes to society aswell and I would like to see more support for young people who work full time, commute to work, have a mortgage, pay their full council tax and then want to be able to enjoy life without paying through the nose for it or having to barge through hoards of families. There are never couples only restaurants or cinemas for instance and couple holidays are so expensive!
Gill, Blairgowrie, Perthshire

You cannot base legislation around just one case. Yes, some parents are 'bad' parents and should not have access to their children. But the vast majority of separated parents only want what is best for their children. The current system discriminates against the 'absent' parent, even if that parent has no desire to be separated from their child and is a good parent. Give every parent parental rights, and take that right away from bad parents through the courts if necessary. Do not exclude all 'absent' parents from contact with their child due to failings of a minority of 'bad' parents.
Brian, Edinburgh

Couples should be able to divorce quicker. It is not fair on either party to be able to have a hold over each other, eg: making your husband/wife wait five years to begin a new life. It also misleads the children into thinking the parents might reconcile again.
Mandy McLuskey, Edinburgh

Automatically giving parental rights to unmarried fathers is a big mistake. I am aware of a case where a woman would not marry the father of her daughter because he was brutally abusing her and her two sons from her first marriage. She put up with it for three years because she wanted her daughter to have a father. Then he left her for another woman. Since then he has had residential access with his daughter for a long weekend every second weekend and a midweek overnight every week as well as half of all holidays. The poor wee girl doesn't know whether she's coming or going, but he refuses to see this. He's now taking her to court for a parental rights order because he wants to have the girl 50% of the time. The girl's mother is truly afraid that he will just use the rights as a weapon against her and to be a control freak with the child. And now the executive wants to give people like him automatic rights. Is this what they call putting the child first?
Colin G, Dunfermline, Scotland

For a long time the public has deserved to be better educated about their rights and obligations in the context of the family. Hopefully, the changes proposed by the bill will generate long overdue discussion about this. The sooner people understand that, in general, common law marriage is a myth, the better. This bill proposes limited rights for unmarried couples but would not place them in the same position as spouses. Those contemplating cohabitation need to understand what the implications really are.
Fiona, Edinburgh

What about the "normal family" what are the Scottish Executive doing for us. We have been happily married for 18 years with two kids and a mortgage. All the assistance is geared to unmarried mothers, divorcees and single parent families! It would appear if you are a gay drug user who is a single parent and from an ethnic backround there are more benefits than you can shake a stick at! Its time the executive gave its utmost support to the families of this country who raise children in a stable home environment.
John S, Livingston Scotland

If government prefers mediation as a path to separation it should tie the mediation process directly to the court process. I have just divorced, based on mediation, and all the mediation documentation was expensively and badly transcribed into court documents by solicitors, who only added cost, delay and willful disruption to the process. Lawyers add extra misery to divorce.
Stuart, Huntingdon, England

This took far too long to come, but it's welcome now that it has arrived. I'm particularly glad to see the recognition given to same-sex couples. Scots family law has been dogged with inconsistencies for decades, and this bill looks like it addresses a good number of them. Well done the Scottish Exec.
Duncan Hothersall, Edinburgh, Scotland

The executive is sending out the wrong message with this reduction in time requirements for divorces. Whilst the rights with regards to children are perhaps outdated under Scottish family law at the moment, there is no need to make divorce any easier in the country than it already is. What positive aspects can be achieved from this change other than the result of more divorces? The bill has to be amended and this time period change rethought. Reducing five years to two?
Simon, Glasgow

It's great to see that recognition of same-sex couples might now find a place in family law statutes.
Ali, Glasgow

I fully support the Scottish Executive's proposals, which are an attempt to inject a degree of commonsense into the clearly outdated family law position which currently exists. Granting automatic parental rights and responsibilities to unmarried fathers who are registered on their child's birth certificate is a long overdue move. Both parents, no matter how they feel about each other, are parents for life and should share equal rights and responsibilities. The children must always come first, and I appluad the executive for taking steps to ensure that both parents can play an active role in the children's lives.
Brian, Edinburgh

I think it's marvellous. I'm a father who was not married and have had equal shared care of my son for years, however, my ex has refused to sign a parental rights form, as she didn't believe in it. Now I will be legally recognised as my child's father. Sounds a bit trivial, but this means a lot to many other fathers out there, not just myself.
B Anderson, Stirling Scotland

I think the new reforms are a great idea, however the children of relationships where the father does not want to keep in touch will still fall through the net. Speaking from experience, children in such a situation need support by the different agencies as it can be that behavioural and emotional problems arise from the breakdown and subsequent 'snubbing' by the absent parent. Good luck to those children who will benefit and I hope the parents who have an ex-partner who still wants contact, access etc appreciate it!
Annie Mackenzie, Auchterarder, Scotland

If the bill is required to reflect the changing shape of society - then what about common-law married couples?
Alan, Glasgow, Scotland




SEE ALSO
Family bill 'puts children first'
08 Feb 05 |  Scotland

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