Can a 12 year old decide what happens about contact?

December 10, 2019 By

Can a 12 year old decide what happens about contact?

The 1995 Children (Scotland) Act says that the court should allow a child to express views and have regard to them as far as possible. It also says that the court should take account if the child’s age and maturity and that “a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view” (section 6).

The 2020 Children (Scotland) Act removes this mention of age 12. Although that legislation hadn’t been enacted at February 2024 the court will now consider the views of much younger children. Whatever the age, the views of a child are not the deciding factor, although the older the child the more impact their views will have on the final decision.

With your help we can continue to provide support and encouragement to separating parents across Scotland.

£2
£10
£50
£100
£££

What £2 could do

£2 pays for the tea and biscuits at a local group meeting. People hear from others going through similar issues at meetings and don't feel so alone. Everyone is welcome at the meetings, see the listings on this website. Donate £2

What £10 could do

£10 pays for the time we spend to compile the answer to one of the Frequently Asked Questions on the new web site. FAQs are based on real enquiries in order to help others deal with similar issues. Donate £10

What £50 could do

£50 pays for the cost of training a lay supporter to accompany someone to court if they don't have a lawyer. The supporter provides moral support, takes notes and helps people to know how the court works. Donate £50

What £100 could do

£100 pays for us to publish a factsheet on a new topic, based on an issue that people are asking us about. Donate £100

Open donation

If we have given you a lot of help and you can afford it, we are very grateful for larger donations. Donate £££