Question reference: S1W-21642
- Asked by: James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
- Date lodged: 9 January 2002
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Current status: Answered by Jim Wallace on 23 January 2002
Question
To ask the Scottish Executive what plans it has to implement the report by the Scottish Law Commission, Report on Child Abduction, and what the timetable is for the report's implementation.
Answer
We have no plans to implement the 1987 Scottish Law Commission (SLC) Report on Child Abduction. The law in this area has developed since 1987. The common law crime of abduction has been used more frequently to deal with the taking of children, and Section 2 of the Children (Scotland) Act 1995 makes it clear that a parent cannot remove from Scotland a child habitually resident in Scotland without the appropriate consent.Within the European Union, member states are currently discussing a proposed regulation on the mutual enforcement of judgements on rights of access to children, and a European Commission working document on mutual recognition of decisions on parental responsibility. The Scottish Executive is fully represented in these discussions and has consulted the Justice 2 and the European Committees about future developments in this area.