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Scotland · 1995

Children (Scotland) Act 1995 & Children (Scotland) Act 2020

Protects: Children in Scotland in private and public family law.

Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.

Summary

Governs parental responsibilities and rights, contact and residence orders, and the welfare principle in Scotland. The 2020 Act strengthens the voice of the child and reforms contact in DA cases.

Key provisions

Welfare paramountcy

Section 11 — child's welfare is the paramount consideration.

Domestic abuse

Court must consider effect of abuse on the child's welfare when making contact decisions.

What this Act affects

The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.

  • Welfare paramountcy (Scotland)

    s.11(7)

    Decision point: welfare paramount in contact/residence; 2020 Act adds duty to consider effect of DA on the child.

  • Exclusion Order interactions.11 + Matrimonial Homes (Family Protection) (Scotland) Act 1981 s.4

    Welfare findings feed exclusion order necessity test.

Read the official text on legislation.gov.uk

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