The current current 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 Children (Scotland) Bill may extend or remove the mention of the age of 12.  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.