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Parliamentary Officer:
Rev Graham Blount
Phone:
0131 558 8137
 

Briefing Document No 11 - Page 5 of 5

"Parents and Children" - Continued.

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Summary of Proposals for Legislation

1. From the date when the new legislation is brought into force, to give parental responsibilities and rights (PRRs) to unmarried fathers who jointly register the birth of a child with the child's mother. (Chapter 2)
2. That step-parents should be able to acquire PRRs by registering an agreement jointly with any other persons already having PRRs in relation to the same child. (Chapter 2)
3. To extend the scope of matrimonial interdicts to cover the applicant's home, place of work and the school attended by any child. (Chapter 3)
4. That police should keep present discretion over whether to exercise a power of arrest. (Chapter 3)
5. A power of arrest attached to a matrimonial interdict should lapse after a period of 3 years, whether or not there is a divorce. (Chapter 3)
6. Interdicts with a power of arrest should be available to divorced partners and present and former cohabitants, and should be renamed "domestic interdicts". (Chapter 3)
7. To repeal the parts of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 which enable an arrested person, against whom no criminal proceedings are to be taken, to be detained a further 2 days to establish whether civil proceedings will be taken. (Chapter 3)
8. To reduce the periods of separation constituting grounds for divorce from 5 years without consent to 2 years; and from 2 years with consent to 1 year. (Chapter 4)
9. To develop a strategy for the funding of voluntary organisations providing services to families in transition, especially mediation. (Chapter 5)
10. To underpin the strategy with a new statutory power. (Chapter 5)
11. To modernise marriage law as recommended by the Scottish Law Commission but taking account of consultation responses. (Chapter 6)
12. The presumption of equal shares in household goods in section 25 of the Family Law (Scotland) Act 1985 will be applied, with modifications, to cohabitants. (Chapter 7)
13. The presumption of equal shares in money and property derived from a housekeeping or similar allowance in section 26 of the Family Law (Scotland) Act 1985 will be applied, with the necessary modifications, to cohabitants. (Chapter 7)
14. A cohabitant whose relationship has terminated will be able to apply to a court for financial provision from the ex-partner where there has been economic disadvantage. (Chapter 7)
15. Provision will be made for cohabitants whose partners have died to claim a share out of their partner's estate. (Chapter 7)
16. To modernise Scottish family law in other areas, taking account of consultation responses. (Chapter 8)

Summary of questions on which views are sought

Question 1 - Views are sought on whether to give parental responsibilities and rights to fathers who have jointly registered the birth with the child's mother at any time. (Para 2.18)
Question 2 - Should Step-parents Agreements be available to the spouse of someone who has sole parental responsibilities and rights? (Para 2.37)
Question 3 - Should a Step-parents Agreement be able to be terminated only by a court? (Para 2.40)

Question 4 - Should the fault grounds of adultery and unreasonable behaviour be merged into a single fault ground? (Para 4.9)


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