Marking 30 years of Child Welfare Hearings

The Children (Scotland) Act 1995 heralded the introduction of child welfare hearings in family cases as a way to address disputes over residence and contact. They are now a standard part of every family practitioner's court diary: they can set the tone of a case, address interim orders or enable the complete resolution of an action. Yet the conduct of such hearings has received little appellate scrutiny or analysis in texts on family law. How has the child welfare hearing developed over the last 30 years? Does it underpin or undermine access to justice for resident and non-resident parents? How does it fit with the duty to seek the views of the child and the numerous other case management tools now prevalent in family actions? What are the dos and don'ts of conducting a hearing on behalf of your client?

Presented by Sheriff Brian Mohan (Paisley Sheriff Court)