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Briefing Document No 3 - Page 4 of 5
Improving Scottish Family Law - Continued.
(B) Step-Parents
The issue here is whether step-parents might -with safeguards- have an option (other than adoption, which removes the rights of natural parents) to make a formal agreement with the natural parents of a child which would give them parental rights and responsibilities.
(C) Violence
As indicated above, this section deals with the issue of whether domestic abuse as a factor in relationship breakdown should affect the parental rights or responsibilities of the abusing partner. If a history of abuse is felt to contradict the presumption that it would be in the best interests of the child to maintain personal relations and direct contact with both parents, how should the courts deal with such cases?
Matrimonial Property
The questions of fairness dealt with in s8 (and questions 22-24) are quite technical, although there may well be people in the churches with experience of the injustices or anomalies of the present system. There do not appear to be major questions of principle involved here beyond a desire to ensure fairness between parties.
The document also includes a list of the Scots Law Commission recommendations (Nos 42-91) on Family Law (Annex A).
Responses
Responses to the consultation paper are requested by 18 June 1999, to Paul Parr, The Scottish Office Home Department, Civil Law and Legal Aid Division, Spur V1, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD (phone 0131 244 2206; fax 0131 244 2195; email ). The Scottish Churches Parliamentary Office would be grateful for copies of church responses, and will be happy to advise you regarding what the churches are doing on this. Within the Church of Scotland, the Board of Social Responsibility will co-ordinate responses.
Any legislation on these matters will, of course, be a matter for the Scottish Parliament.
Basis of Response
Churches will want to respond to these questions on the basis of (a) understandings of relationships and of values in family life and (b) pastoral experiences at congregational and national level. Several churches have in recent years produced reports on developments in family life, and indicated concerns (eg Church of Scotland Panel on Doctrine Report on the Theology of Marriage 1994, available through the Scottish Churches Parliamentary Office). Another relevant document comes from "The Lords and Commons Family and Child Protection Group"; it is entitled "Family Matters" and is published by the Centre for Contemporary Ministry, The Park, Bedford, MK44 3RW.
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