Motions, questions and answers

The Scottish Government considers available research to inform improvement work and help improve outcomes.We recently funded research on domestic abuse and child contact that was published in 2023: Domestic Abuse and Child Contact: The Interface Between Criminal and Civil Proceedings - SCCJR.Following this research, we have held workshops with key stakeholders to consider how to improve the interaction between the civil and criminal courts in the context of domestic abuse, including the approach taken in family proceedings where there has been domestic abuse.We held a workshop with justice agencies on 8 May 2024 and a workshop with third sector organisations on 3 October 2024. We are currently considering next steps and will publish notes from these workshops in due course.The key legislation in relation to contact and residence cases is section 11 of the Children (Scotland) Act 1995. In deciding whether to make a contact order the welfare of the child must be the court’s paramount consideration. The court is also required to have regard to the need to protect the child from any abuse, or the risk of any abuse, which affects or might affect the child.