Current status: Answered by Siobhian Brown on 13 June 2025
To ask the Scottish Government what its position is on whether there is a general presumption in favour of contact being in a child’s best interests when there has been domestic abuse/coercive control.
It is the Scottish Government’s view that both parents should be involved in their child’s life, as long as this is in the child’s best interests.
The Children (Scotland) Act 1995 is the key legislation on contact, residence, and parental responsibilities and rights. When deciding whether to make an order under section 11 of the Act (e.g. a contact order) the welfare of the child must be the court’s paramount consideration.
The court must also – taking into account the child's age and maturity – have regard to any views the child wishes to express and the need to protect the child from any abuse, or the risk of any abuse, which affects or might affect the child.
There is no legal presumption in favour of contact contained in section 11 of the 1995 Act. It is for the court to decide what information and evidence it needs to make a decision about what is best for a child, based on the facts and circumstances of the case.
However, recent research suggested there is a general presumption that contact is in the child’s best interests: Domestic Abuse and Child Contact: The Interface Between Criminal and Civil Proceedings - SCCJR.
Following this research, the Scottish Government has held workshops with key stakeholders on how to improve the interaction between the civil and criminal courts in the context of domestic abuse. The Scottish Government is currently considering potential changes to take forward.