Kathleen Marshall called for new rights for children

Professor Kathleen Marshall believes that curators, the people appointed by the courts to protect children's interests, are not adequately trained.

She argues that the current system is inconsistent and underfunded.

The commissioner says the whole system needs to be restructured to better meet the needs of Scottish youngsters.

The people appointed to safeguard children's welfare in England and Wales have extensive experience and training in areas like child psychology.

Professional expertise

They also have particular skills in interacting with children and interviewing them in what can be traumatic, confusing and upsetting circumstances.

Experts argue that curators cannot meet children's expectations without that level of professional expertise.

Alison Cleland, a senior lecturer at Strathclyde University, said: "The law says they have a right to be heard in any legal action that affects them, including their parents' divorce.

I think we really have to look at this very seriously if we are going to respect the principles in practice and not just on paper Professor Kathleen Marshall

"They expect that when they have something to say they will be listened to.

"The problem is there is no guarantee that somebody will listen to what they say and actually tell the person making the decision exactly what they feel."

Professor Marshall said curators often did not have the skills to do the job.

"They could have backgrounds in a number of disciplines, like law or social work.

"There is no real expectation of what expertise is required to do this, there is no consistent training, support or evaluation.

More aware

"I think we really have to look at this very seriously if we are going to respect the principles in practice and not just on paper."

The commissioner wants a complete overhaul of the way children's interests are established and represented in custody cases.

She said the Scottish public should be more aware of the enormity of the problem.