DISCLAIMER:

This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.

Simple terms explainer

Councils have a responsibility to safeguard the welfare of children involved in matrimonial proceedings, such as divorce or separation cases. This means ensuring that decisions made by the court or by parents put the child’s best interests first. Councils may be asked to provide reports or advice to the court about a child’s circumstances, living arrangements, and wellbeing. The focus is on protecting the child from harm, reducing stress during family disputes, and making sure their voice is heard where appropriate.

Legal status

Statutory


Duty category

Children and family services

Business and legal


Duty type

Public impact


Social determinant of health

Social and community context

Emerging policy and legislation


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National bodies with shared interest

Scottish Courts & Tribunals Service 

Standards and Frameworks

 

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