Child Welfare Hearings

Face-to-face Child Welfare Hearings in Scotland have resumed – what you need to know

As we move forward post-Covid, parts of the judicial system have returned to normal and it’s important to know what those changes are when they relate to the courts and your child’s welfare.

Child Welfare Hearings, which had been held virtually since the first Covid lockdown in March 2020, will now take place in person in Sheriff Courts across Scotland.

From 13 July your first Child Welfare Hearing must be conducted face-to-face, however you can apply to the Sheriff Clerk if you want to take part virtually, but you must do this no later than five working days before the hearing.

You will usually have a series of hearings to attend, and they will all be held in person, but again, you can apply to the Sheriff if you feel they should be done electronically, through the court’s video conference system.

What is a Child Welfare Hearing?

Child Welfare Hearings are generally held when there is a disagreement between parents or caregivers about where a child should live (known as ‘residence’) or how often they should see a parent (known as ‘contact’). The term previously used for this was custody.

These are usually informal procedures held in private with both parties present often along with each of their solicitors. During the hearing the Sheriff listens to agents and the parents, then identifies the issues involved and establishes how they will best be dealt with. The Sheriff can choose to grant a court order at the hearing, which orders what contact the non-resident parent will enjoy or may grant a residence order in favour of the primary carer.

It is likely you will attend future hearings at points throughout the case so that the Sheriff can monitor any progress that has been made between the parties and make any adjustments they feel are necessary to child contact or care arrangements. There will often be a hearing set prior to a period of holidays (e.g. school summer holidays) so that extended contact can be considered for the non-resident parent.

At a child welfare hearing the paramount consideration for the Sheriff is what is in the child’s best interests and the Sheriff will be guided by that principle throughout each hearing.

How do I prepare for a Child Welfare Hearing?

Child Welfare Hearings will usually take place in the Sheriff’s court room or chambers and none of the solicitors will be wearing wigs, but some may be wearing gowns. Family and friends are not generally allowed to attend hearings; the only people present will be you and your solicitor, your ex-partner and their solicitor, the Sheriff and their clerk.

It’s normal to be apprehensive attending court, especially when it comes to your children. Your solicitor will be able to advise you on what you will likely be asked, and how the process works, and they will be there to support you throughout the hearing.

McSherry Halliday has an expert team of legal professionals who can help guide you through the process of Child Welfare Hearings during what can sometimes be an emotional and difficult time, as well as advise you on your rights and responsibilities under the law. If you’d like help on attending Child Welfare Hearings, please get in touch with one of our specialist team members.