Family law: consultation

Footnotes

1 Family Law (Scotland) Act 1985, section 8(1)(baa), Chapter 1 of Part IV of the Welfare Reform and Pensions Act 1999. Provision is also made for a pension compensation sharing order.

2 Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices | OHCHR

3 Northern Ireland Assembly, AQO 972/22-27: https://aims.niassembly.gov.uk/questions/printquestionsummary.aspx?docid=414013

4 This does not include consular marriages abroad of a United Kingdom national and marriages abroad of armed forces personnel, for both of which there are particular rules.

5 “Child of the family” is defined in section 12(4) of the Children (Scotland) Act 1995: Children (Scotland) Act 1995 (legislation.gov.uk)

6 See entries 7 and 8 of schedule 2 of The Sheriff Court Fees Order 2024: https://www.legislation.gov.uk/ssi/2024/235/contents/made There are a number of exemptions from paying fees including when a person is in receipt of civil legal aid and, in relation to simplified divorce and dissolution, in receipt of advice and assistance

7 The reporter’s primary function is to receive referrals for children and young people who are believed to require compulsory measures of supervision. You can find further information about the reporter’s role at https://www.scra.gov.uk/about-scra/role-of-the-reporter/ .

8 An example of such a Practice Note is sheriff-court-practice-note---lb---number-4-of-2018-affidavits-in-family-actions-civil-partnership-applications-permanence-orders-adoptions.pdf (scotcourts.gov.uk)

9 See paragraph 3(b) of Part 2 of Schedule 2 of the Legal Aid (Scotland) Act 1986 (legislation.gov.uk)

10 The power to make Orders under section 8(4) was originally exercisable by the Lord Advocate, but transferred to the Scottish Ministers at devolution in 1999.

11 The Scottish Government is aware of this court case AWB v JP (PDF, 166KB). The Scottish Government is also aware of paragraphs 5 to 9 of Practice Note 1/2012 issued by the Sheriffdom of Glasgow and Strathkelvin (PDF, 150KB)

12 The Scottish Government has carried out a DPIA in respect of responses received to this consultation.