Very often in section 11 (of the Children (Scotland) Act 1995) cases, there are issues of domestic abuse, harassment, or past criminal behaviour. The Children (Scotland) Act 2020 has introduced important protections to make sure that vulnerable people, including children and victims of abuse, are better safeguarded when giving evidence in family court cases.

Below, our Aberdeen family law solicitors explain the key changes.

Who is a โ€œVulnerable Witnessโ€?

Under the new law, certain people are automatically treated as vulnerable witnesses in family law proceedings. This means the court must take extra steps to protect them when evidence is being taken.

A person will be deemed vulnerable if they are:

  • A victim of domestic abuse.
  • A victim of certain sexual offences or offences against children (as listed in criminal law).
  • Someone who has been forced into a marriage or civil partnership.
  • A person protected by a non-harassment order or interdict against the other party.
  • Someone where the other party has been convicted of or is being prosecuted for certain offences, including domestic abuse and other violent or controlling behaviours.

The Scottish Government can also update the list of offences and situations by regulations, meaning the law can adapt as new issues arise.

What Does Being โ€œVulnerableโ€ Mean in Court?

If someone is deemed a vulnerable witness, the court must consider special measures to protect them when giving evidence. This is to prevent intimidation and ensure fairness.

The biggest change is that an abuser is no longer allowed to personally cross-examine their victim in court. Before the 2020 Act, it was possible in family cases for one parent accused of abuse to question the other directly โ€“ something that could cause immense distress and even deter people from giving evidence.

Now, the court has the power (and in many cases the duty) to:

  • Prohibit parties from conducting their own case in person if that would involve questioning a vulnerable witness.
  • Require that a solicitor be appointed to conduct the case instead, if the party does not have one.
  • Ensure that the appointed solicitor acts either on the partyโ€™s instructions or, if no proper instructions are given, in that partyโ€™s best interests.

This strikes a balance: witnesses are protected from further trauma, but each party still has fair legal representation.

Automatic Prohibition on Personal Cross-Examination

In practical terms, this means:

  • If there are allegations or convictions of abuse, and the accused party wants to question the other parent or child, they cannot do so personally.
  • The court will appoint a solicitor (from a special register created under the 2020 Act) to take over that part of the case.
  • The prohibition applies in both Childrenโ€™s Hearings court proceedings and in section 11 cases under the 1995 Act (residence and contact orders).

The law even creates a presumption that personal conduct of the case should be prohibited in these circumstances. The only exceptions are where:

  • It would seriously damage the fairness of the proceedings, or
  • The vulnerable witness themselves has said they do not want this protection and the court agrees it is appropriate.

Why Does This Matter for Parents in Aberdeen?

If you are involved in a child contact or residence dispute in Aberdeen Sheriff Court (or anywhere in Scotland), these changes mean:

  • If you have experienced domestic abuse or harassment, you should not be subjected to questioning by your abuser.
  • If you are accused of such behaviour, you will need a solicitor to conduct your case, you cannot bypass this and do it yourself as a party litigant.
  • The court system now reduces the risk of proceedings being used to continue control or abuse.

This is a significant step forward in family law. It aligns with the wider goal of the Children (Scotland) Act 2020: to put childrenโ€™s welfare and safety first while ensuring both parents have their views heard in a fair process.

Conclusion

The prohibition of personal conduct in family cases is one of the most important reforms introduced by the Children (Scotland) Act 2020. It protects vulnerable witnesses, especially in cases involving child contact and child residence disputes where abuse may be an issue.

At XK Family Law Solicitors Aberdeen, we can advise you on how these new protections may affect your case. Whether you are seeking a contact order, defending allegations, or worried about giving evidence, we will ensure you are supported and properly represented throughout the process.

Ready to discuss your case?

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