How Children’s Views are Heard in Scottish Family Courts: Guidance for Parents
Published byBrittany Thomas
As family lawyers, one of the questions we are most often asked is, “will the court listen to my child and what they have to say?”.
In Scotland, the answer is almost always yes – and this is becoming increasingly so over recent years. The Scottish legal system places strong emphasis on ensuring children’s voices are heard in decisions that affect their lives, especially in matters concerning where they live, who they have contact with, and parental responsibilities. Below, I will outline how children’s views are taken, what weight they carry, and what parents should (and shouldn’t) do in preparing for their child to give such views.
Why Children’s Views Matter
Under the Children (Scotland) Act 1995, as amended by the Children (Scotland) Act 2020, courts must give a child an opportunity to express a view, if they are capable of forming one. There is no fixed age at which a child becomes capable of properly forming such a view. While in the past, children over the age of 12 were presumed to be able to express such a view, much younger children are now regularly consulted following the bringing into force of the Children (Scotland) Act 2020. The courts guiding principle is always the best interests of the child. Whilst a child’s view is an important part of that, it is certainly not the only part.
How the Courts Obtain a Child’s View
There are several ways a child’s view may be taken. The court chooses the method it considers most suitable depending on the child’s age, needs and circumstances.
1. The F9 Form
This is a form (as drafted by the solicitors acting in the case) that is sent to children allowing them to express their views privately in writing. It is usually completed independently and at school and returned directly to the court. The sheriff will be able to review this form as completed and make a decision from there. The sheriff does not necessarily have to tell parents what has been said in the form.
2. A Child Welfare Reporter
An independent solicitor will be appointed by the court to meet with the child, speak to relevant adults, assess the situation and prepare a report for the court. At present, this is the most common way of obtaining child’s views and is often the most effective method as it gives a fuller picture of the child’s feelings and homelife.
3. Speaking with the Sheriff
In some cases, the sheriff may feel that they are comfortable meeting with the child in their chambers. This is not particularly common but can happen, particularly, where children are older, and the point at issue is particularly narrow.
4. Other Supporting Evidence Can be Submitted to the Court
Documentation from schools, health professionals, social workers, or other agencies involved with the child may also be lodged with the court. The sheriff would also consider this and take this into account.
How Much Weight does the Court give to a Child’s Views?
This depends on several factors, including: -
1. Age and Maturity
2. Consistency of the child’s views over time
3. Influence or pressure from a parent (be that intentional or unintentional)
4. Understanding of the issues involved
A child’s wishes are important and are becoming more so over time, but they are not automatically the deciding factor in cases. For example, if a child said they do not want contact with a particular parent, the court will consider why that is. Is it a genuine feeling, or is it a result of conflict, anxiety or pressure?
What Parents Should Know (and What they Should Avoid)
1. Do encourage your child to speak freely. Reassure them that their views matter, and that the adults involved want to listen to them.
2. Do not coach them or get them to rehearse their answers. Courts and reporters are trained to identify when a child has been influenced.
3. Do maintain a child focused attitude. Speak positively about the other parent in front of your child, whether possible.
4. Do not ask your child to choose between parents. This places enormous emotional pressure on them and may harm your case.
5. Do seek legal advice early on. Understanding the process makes it easier for you and your child.
What I Tell My Clients
The best approach is to create an environment where your child feels safe, supported and free from conflict. Courts want to understand how the child really feels. Most importantly, you do not need to prepare your child – their natural, honest perspective is invaluable to the court.
How we as Solicitors can Help
As Scottish family lawyers, we regularly represent parents in cases involving children’s views. Whether you are raising concerns about contact, responding to certain allegations, or simply trying to understand the process, we can guide you from a very early stage. If you need advice tailored to your situation, please do get in touch.
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at December 2025. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
