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  4. Guide published as new welfare report rules come in

Guide published as new welfare report rules come in

29th October 2015 | family-child law

A revised guide for parents involved in a dispute where a child welfare report is ordered, has been published by Families Need Fathers Scotland.

New rules that came into force this week change the reporter's title from bar reporter to child welfare reporter, and make more specific directions in relation to the report.

The sheriff has to be satisfied that the appointment of a reporter is in the best interests of the child, and will promote the "effective and expeditious determination" of an issue relating to the child. The interlocutor appointing the reporter must specify a completion date (not less than three clear days before the hearing at which the report will be considered), and specify any issues on which the child's views are to be sought, any other enquiries to be undertaken and issues to be addressed.

It also has to set out who will pay the reporter's fees and outlays. These are to be shared equally among all parties in the process unless cause is shown for some other apportionment.

The rules do not apply where a report was ordered before 26 Octoner 2015.

Guidance is to be provided to reporters and parents to explain their respective roles. A new mandatory training programme for reporters will also be developed, covering topics including domestic violence and parental alienation.

Families Need Fathers Scotland national manager, Ian Maxwell, a member of the Scottish Government working group that initially drew up the proposed reforms, commented: “These reforms should bring transparency, consistency and clarity into a key role in family law cases.”

He continued: "Previously there was no specific training for bar reporters. Now there will mandatory training for child welfare reporters which will include coverage of parental alienation and other issues that previously left non-resident parents and their wider family members frustrated that the court had not been given a full picture of their relationship with their children. This should reassure the fathers and mothers who suffer abrupt and unexplained rejection by a child with whom they had previously been close that the reporter must now have some understanding of the dynamics that may be at work.”

 

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