Hansard

Our next new petition is PE1984, on introducing the C100 form for child arrangement orders in Scotland, which has been lodged by Amy Stevenson. The petition calls on the Scottish Parliament to urge the Scottish Government to reduce the financial barriers that prevent parents from having contact with their children by introducing a Scottish equivalent to the C100 form, with a fixed fee for making applications for child residence or child contact orders. Members may recall that we previously considered a petition from Amy Stevenson, which focused on the provision of legal aid to parents fighting for access to their children. Amy has followed up on that petition with this call for the introduction of a form similar to the C100 form used in England and Wales when applying to the court for a child arrangement order. Amy suggests that introducing a similar form in Scotland, along with a fixed fee for submitting it, would help to reduce the financial burden on parents seeking child residence or contact orders. In responding to the petition, the Scottish Government set out the current process for applications to the court for child residence and contact orders, and the fees associated with that. While accepting that the current procedures for lodging writs and defences in Scotland are viewed as difficult to understand, the Scottish Government highlights a range of issues that it would require to consider before moving to a forms-based system, including criticisms that the C100 form is too lengthy and can be difficult for vulnerable applicants to complete without assistance; the fact that the form may not capture all the relevant issues for the court to consider; and concerns that a forms-based approach may not be focused on the best interests of the child. It is also noted that a forms-based process may reduce costs at the initial application stage but would not rule out the need for applicants to access legal advice at other stages of the process. The committee has also received submissions from Shared Parenting Scotland and Claire Baker MSP, copies of which are included in our meeting papers. I briefly highlight that Shared Parenting Scotland has suggested that the introduction of a C100 form, or something similar, would remove some barriers for parents who are trying to restore or establish a schedule of contact with their children, but that wider improvements are necessary to provide support to parents in those circumstances. Do members have any suggestions or comments???