Hansard

PE1984, on the introduction of the C100 form for child arrangement orders in Scotland, was lodged by Amy Stevenson. It 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. We previously considered the petition on 22 February, when we agreed to write to the Scottish Government, the Scottish Law Commission, the Law Society of Scotland, the Family Law Association, Relationships Scotland, the Scottish Legal Aid Board, the Scottish Courts and Tribunals Service and the family law committee of the Scottish Civil Justice Council. The Scottish Government response sets out its view that “it is better if separating parents can agree about what is best for their child.” The response includes information on existing resources and services intended to assist separating parents to resolve disputes and make arrangements outside of court. The Scottish Courts and Tribunals Service response highlights the “potential impacts” of the introduction of a form-based approach on the court service. A number of responses that we received also noted that the introduction of a C100-type form might encourage people to go straight to court without first considering alternative options. While fixed fees might reduce some costs, the form could result in increased costs if the individual required legal representation throughout the process. The Scottish Legal Aid Board suggested that a change in the way cases are initiated would require “a wider overhaul of the court rules”. The Scottish Civil Justice Council and Relationships Scotland suggested a review of what happens currently, the latter suggesting that a starting point might be “a review of the current process … for making applications for child contact or residence orders”. Do members have any comments or suggestions for action? 12:00