SCOTLAND Trends and Developments Contributed by: Jenny Jarman-Williams, Turcan Connell
Divorce process One area in which there is a proposed update to the court procedure is in relation to divorce applications. There are two different procedural routes available when applying for divorce. The first is the simplified procedure, which is essen - tially a tick box application form. The second is the ordinary procedure, which requires a longer and fuller type of application and also demands two (or more) sworn affidavits to be submitted. At present, the simplified procedure is restricted to those with no children of the marriage under the age of 16. Hence, a subset of potential appli - cants are required to use the more complex, more costly, and more time-consuming ordi - nary procedure. This is considered to be unduly burdensome and procedurally unfair. Subject to including appropriate safeguards, there is now a proposal to open the simplified proce - dure route up to those with children where the arrangements for their care have been agreed. If approved, this would be a significant procedural improvement.
making any decision relating to a child they are looking after. • Once enacted, there will be a requirement for there to be a Register of Child Welfare Reporters and a Register of Curators ad litem. Child welfare reporters are generally family lawyers or social workers. They investigate and report to the court on the circumstances of a child and on proposed arrangements for the care and upbringing of the child. Curators ad litem are professionals who are appointed to represent and protect the interests of an individual lacking full capacity, including a child, in court proceedings. This will stand - ardise the current practice of appointments to these roles and will ensure that all child welfare reporters and curators ad litem are appropriately trained. • There will be a new requirement that Scottish Ministers must make funding available for non-court dispute resolution/ADR for child- related disputes. • Child contact centres will need to be regu - lated and only regulated contact centres may be used if supervised/supported contact is ordered by the court.
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