The Children (Scotland) Act 1995 gives children the right to
have their views taken into account when their parents take a
dispute over the child to court. This is consistent with Article
12 of the United Nations Convention of the Rights of the Child
(UNCRC). The most common dispute concerning children
which comes before the court is over the amount of contact a
child should have with the non-resident parent. This briefing
reports key findings from a recent study that examined court
cases affecting just under 300 children. The research found
that the majority of children do not have their views taken into
consideration as part of the court process. When children’s
views are heard, many struggle to be taken seriously if they
do not wish to see their non-resident parent because of the
conflict their decision has with the court’s assumption that
contact with both parents is the best outcome for the child.