Prioritise child contact cases, support group pleads
Action is needed to prevent a "logjam" of family cases clogging up the Scottish courts once normal business resumes, according to parent support group Shared Parenting Scotland.
The organisation, which works to ensure that children can maintain a relationship with both parents following a separation, has written to the Lord President and to Justice Secretary Humza Yousaf, urging that decisions about whether children should see one of their parents should have high priority.
It also calls on Mr Yousaf to help underpin the advice that travel in order to enable children to keep to contact arrangements is exempt from the restrictions imposed due to the coronavirus emergency, as it has been taking calls from many parents still confused as to the position.
Shared Parenting Scotland's national manager Ian Maxwell writes in the letter that confusion was caused by UK cabinet minister Michael Gove initially stating on television that such travel would not be permitted, and while he had attempted to correct that the same day, "the damage was done".
"I believe a clear statement at Scottish Government level would at the very least separate out the parents who are genuinely uncertain in good faith and others – mothers and fathers – who are regrettably taking advantage of the emergency to close down contact and communication", Mr Maxwell comments, adding: "I am pleased to report that we also have examples of breakthroughs by parents who have appreciated that they need to shelve old grievances on behalf of their children rather than rehearse them all over again."
A ministerial statement "might also help pre-empt some of the cases that will otherwise end up in court".
Pointing to the development of remote court hearings in England & Wales – Scotland is about to introduce them only for appeal hearings in the Court of Session – Mr Maxwell further argues that similar hearings for Scottish family cases, particularly dealing with non-compliance situations, "would help both to reduce the pressure of cases that are likely to flood the courts when general business resumes and also build public confidence that the courts recognise the importance of relationships between children and separated parents".
He also believes that parties should be exempted from having to pay additional court fees in order to re-start cases that have been administratively sisted, or stopped procedurally, through no fault of their own during the shutdown; and that cases where evidence hearings have already extended over several months, a day or two at a time, should have "very high priority", with those that have already reached final submission stage perhaps being completed online.
Shared Parenting Scotland has issued its own tips and suggestions for parents to find a way of communicating respectfully and honestly with each other, and has drawn up template letters for parents to help them open up communication. It has also commissioned one of its outside trainers to develop an online course called "Communicating in Difficult Times".
"We know from our own helpline and from a survey that we have been conducting in partnership with our Welsh counterpart Both Parents Matter that although children are allowed to move between their parents' homes, a significant number of parents are not letting this happen”, Mr Maxwell comments.
"Results so far show that 61% of separated parents have experienced reduced time or no contact at all with their children since the start of the lockdown. The proportion who are completely blocked from seeing their children has risen from 13% to 29%. Even if there are good reasons why children have had to stop travelling between their parents, this should not stop them communicating by phone or online."