Parents report appearing before four, five or more sheriffs despite case management changes that seek ‘judicial continuity’
In the 2024 Shared parenting Scotland User Survey, we asked ‘how many different sheriffs have heard your child contact court case?’ Forty one percent reported that four or more sheriffs had appeared on the bench at some point. One in five had more than 5 sheriffs.
Only 1 in 5 (20%) had the same sheriff for the duration of their court case.
It has been an aspiration of the judiciary for many years as far back as the 2009 Gill Report, that there should be continuity as far as possible in family cases. New case management rules were brought in in September 2023 setting out that “Where possible, the same sheriff is to preside” at all stages of a case.
Indications from our casework are that that is not yet the norm in many Scottish courts.
Kevin Kane, Shared Parenting Scotland Chief Executive, says, “The benefits of judicial continuity have been long recognised. It allows the sheriff to get to know the parties and get a fuller picture of the issues and potential resolutions. Equally it gives the parties a chance to present their arguments without having to start again every time a new face appears on the bench and worry about what instant opinion the new sheriff might form.
They fear the temptation for the new sheriff dropping in on a case that has already been underway for some time is to continue it to another date. That is likely to prolong proceedings further even though the new rules in September 2023 were intended to shorten them. Delay in itself can prolong the damaging uncertainty for the children involved and for their parents. It also adds to the costs either to individuals or the Scottish Legal Aid Board.”
Below you will find a guide to navigating the Scottish Family Court system and a flow chart outlining the new case management rules for family court cases. You can view this guide below or download a copy here