Current status: Answered by Siobhian Brown on 13 June 2025
To ask the Scottish Government how a child’s best interest is assessed when considering contact and the type of contact in domestic abuse and coercive control cases.
The Children (Scotland) Act 1995 is the key legislation on contact, residence and parental responsibilities and rights. When the court is deciding whether to make an order under section 11 of the Act (e.g. a contact order) the driving principle of the legislation is that 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 have regard to the need to protect the child from any abuse (including domestic abuse), or the risk of any abuse, which affects or might affect the child.
It is for the court to decide what information and evidence it needs to make a decision about what is best for a child. The court may request a range of reports and information before reaching a decision and may appoint a child welfare reporter to get the child’s views or report on the best interests of the child.
The court can order that contact must take place at a child contact centre. This can either be supervised contact, when a trained member of staff observes the contact to ensure the safety of those involved, or supported contact, facilitated by staff who will support children and non-resident parent to meet and spend time together.