The Children (Scotland) Bill

Liam McArthur, MSP, has proposed well-intentioned amendments to the Children (Scotland) Bill for the debate timetabled for the 25th August. His amendments are concerning shared parenting and child welfare reporters in particular. The amendments sound reasonable, at first, but let me explain why they would, in fact, be harmful to victims of abuse, particularly mothers and children.

A recent review of the family court system in England & Wales has produced shocking findings concerning domestic abuse victims, and a major overhaul has been announced. The Scottish system is facing many similar problems and is too going through a process of reform. However, until changes are in place, and find their way into the courtroom, abuse victims and children are still at risk of harm.

The adversarial approach in our family courts is challenging for victims of abuse, who struggle to prove their case in the harsh environment. Parental alienation is being used as a tactical weapon to deny and conceal domestic abuse. Many mothers in the Scottish system find that the presumption of contact has created a culture where a parents' needs and rights get given priority over the best interests of the child. They feel that mandates introduced in Scotland concerning domestic abuse do not always get followed. These factors have created a trap for victims entering the family court system with the hope to protect their child from abuse.

Social workers only as welfare reporters

In these complicated and time-consuming cases, chartered clinical psychologists use a holistic, trauma-informed approach, are the most suitable welfare reporters. They can get to the root of a child's worries and fears. These cases do not involve quick and easy assessments; the assessment can sometimes take months, given the trauma involved.

The register, as proposed by the Minister for Community Safety, Ash Denham, MSP is, therefore, the best way forward, since it will provide for various types of welfare reporters and various skillsets & expertise. Social workers would possibly struggle with the additional workload.

Moving towards a notion of shared parenting

Any move towards the notion of shared parenting would also be detrimental to mothers and children, at this time. The existing presumption of contact is already causing concern in Scotland. Many countries worldwide are facing similar problems when it comes to presumptions of contact and shared parenting.

The Ministry Of Justice (England & Wales) plans to urgently review the presumption of parental involvement to address its detrimental effects. In Australia, MP's are arguing against the presumption of shared custody in disputed custody cases. A private members bill was introduced in June to overturn this presumption after the brutal murder of Hannah Clarke and her three children.

There has been an increase in domestic abuse since the lockdown in Scotland. Therefore we must pause for thought. Our courts must adequately deal with cases of domestic abuse first and foremost if the bill intends to create a kinder, fairer and safer environment for children, and one that implements the United Nations Convention on the Rights of the Child.