Reflections on children’s rights-based “modernisation” of Scottish family law and policy

Barnes Macfarlane, L.-A. (2024) Reflections on children’s rights-based “modernisation” of Scottish family law and policy. Juridical Review, 2024(1), pp. 1-15.

Abstract

The role that family law can—and should—play in resolving disputes about children’s care and upbringing is an enduring consideration for law and policy-makers. In 2019, following upon one of the largest consultations ever undertaken in family law, the Scottish Government published its Family Justice Modernisation Strategy refining both substantive legal principles and procedures within the family court system. The underlying "modernisation" aims were supported by cross-disciplinary research and literature about childhood capacities, wellbeing and voice. New children’s rights-based legislation followed, which represents a (potentially) radical rethink of the status quo: the Children (Scotland) Act 2020 . Reflecting upon the current Scottish context, this article considers two of the perennial questions arising across jurisdictions when family law engages directly with children. The first of these relates to how the child’s voice, status and evolving capacities might be understood and valued in family law decision-making. The second question concerns what we mean by "family justice" in the context of private family court proceedings.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Barnes Macfarlane, Dr Lesley-Anne
• Authors: Barnes Macfarlane, L.-A.
• College/School: College of Social Sciences > School of Law
• Journal Name: Juridical Review
• Publisher: Sweet and Maxwell
• ISSN: 0022-6785