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FAMILIES NEED FATHERS – SCOTLAND Both Parents Matter Feumaidh Na Teaghlaichean Athair Alba Tha an Dà Phàrant Cudrom

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FAMILIES NEED FATHERS – SCOTLAND Both Parents Matter Feumaidh Na Teaghlaichean Athair Alba Tha an Dà Phàrant Cudrom FAMILIES NEED FATHERS – SCOTLAND Both Parents Matter Feumaidh na Teaghlaichean Athair Alba Tha an Dà Phàrant Cudrom 10 Palmerston Place, Edinburgh EH12 5AA 0131 557 2440 [email protected] Families Need Fathers Scotland submission to the Education and Skills Committee enquiry: The Children's Hearing System ‐ Taking Stock of Reforms Introduction Families Need Fathers Scotland is a Scottish charity supporting separated parents and their families who are facing child contact problems. We run five monthly group meetings in Aberdeen, Paisley, Edinburgh, Glasgow and Stirling and have recently instituted a monthly 'virtual group' to bring together individuals in remote areas or in other jurisdictions. In addition we receive enquiries by telephone and e mail. The number of enquiries has grown each year and is now exceeding 3,500 a year. The majority of those who contact us are non‐resident fathers but a significant proportion of our requests for help and information come from mothers, new partners, aunts/uncles and grandparents. Childrens Hearings Enquiries about Children's Hearings represent only a small proportion of enquiries to FNF Scotland but generally raise the same four points: Lack of clarity about relevant person status FNF Scotland did respond to the 2011 consultation on “various pieces of secondary legislation”. We only submitted one paragraph impressing the need for clarification of the definition of 'relevant person' to cover all of those with an active parenting role in the life of children who have been brought to the attention of the childrens hearing. Unfortunately, this is still an issue that arises. We have had an example where the father had a long term role as parent of a child/children who are not biologically his and who is not married to the mother and who therefore fell outside the definition of 'parent' even though he had a contribution to make to the care and welfare of the children. Families Need Fathers Scotland is a Scottish Charitable Incorporated Oganisation No SC042817 Several of the enquiries under this heading also came from grandparents who felt they were being discouraged from participating in the childrens hearing addressing the welfare of their grandchildren. It still appears that some individuals with a positive contribution to make have to negotiate a debate about their own status and character before they are recognised. Delay The majority of enquiries come from parents or relevant persons who describe the case as being “trapped” in the children's hearing. This is sometimes attributed to a reluctance to make decisions with repeated continuations for further reports being ordered but with no clear instruction to any of the parties about what would constitute progress or resolution where there is disagreement about the facts of the case. Non‐resident parents still report that they feel they are given a subordinate or incidental status in proceedings with services and support being focussed on the 'resident' parent without fully exploring the positive part that he could play if he had the same amount of support. The consequence of delay and focus principally on one parent rather than exploring a 'two parent solution' can in itself cause damage to the relationship between the non‐ resident parent and the children even when it is not the main issue before the hearing. This consequences of delay were recognised in private law contact and resident proceedings recently in the Court of Session case of SM v. CM http://www.scotcourts.gov.uk/search‐judgments/judgment?id=434c27a7‐8980‐ 69d2‐b500‐ff0000d74aa7 . Lord Malcolm said clear decisions in family cases should be made in weeks, not months (para 66). We feel the same imperative should be urged on the childrens hearings. Uncertainty about rules of evidence Our experience is that some – perhaps many – sheriffs are reluctant to take over a case that is being held onto by the childrens hearing. We hear worrying reports about the approach some childrens hearings take to the rules of evidence. This may be rooted in the original idea that childrens hearings should be flexible and forums in which common sense would hold sway. However, sometimes facts need to be found in cases where there are allegations that one parent (or both) has caused sexual or physical harm to a child. The proper place for finding fact is the sheriff court where rules of evidence are clear and the person against whom 'suspicions' have been raised will have the evidence tested. Failure to dispel suspicions one way or the other but to let them linger over deliberations is unfair to all parties and corrosive to the interests of the child/children. Families Need Fathers Scotland is a Scottish Charitable Incorporated Oganisation No SC042817 Inconsistency We, of course, are dependent on the cases that are brought to us and the questions we are asked. We can't claim that our caseload is somehow representative of the work of the childrens hearings across Scotland. However we get a distinct impression that there is a lack of consistency and therefore predictability in different parts of Scotland. While there is merit in a system that applies local knowledge and discretion it appears that some of the issues that are brought to us for help may have their origin in individual hearing custom and practice. 10th March 2017 Families Need Fathers Scotland is a Scottish Charitable Incorporated Oganisation No SC042817 .
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