This handbook was prepared to describe how public and private family law cases are handled in England, Wales and Scotland.  It’s a useful guide to the different systems, although you should also check for any changes which have taken place since it was published in 2018.

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.