Scottish News
Moderator and Cardinal Speak Out on Family Law Bill
Tuesday 8 February 2005

In anticipation of the imminent publication by the Scottish Executive of the Family Law Bill, the Church of Scotland and the Catholic Church have jointly considered the issues arising from the Bill and find many areas of common agreement.

Dr Alison Elliot, Moderator of the General Assembly of the Church of Scotland and Cardinal Keith Patrick O’Brien, President of the Bishops’ Conference of Scotland, said they are encouraged by the Executive’s statement that marriage has a special place in society and that its distinctive legal status should be preserved. Both Churches would welcome a greater investment of time and resources in family related matters, which would bring great benefits to individuals, families and our country.

Much of the proposed legislation concentrates on issues arising from family breakdown. Both Churches are in agreement that resources directed towards marriage preparation and maintenance would reduce the numbers of broken marriages. Both Churches have great concern at the high levels of divorce and family breakdown and also believe that increased support is essential at the point of breakdown, for adults and for children.

· Parental rights and responsibilities for unmarried fathers: the Churches would always encourage both parents to take full responsibility for their children. Information and education is necessary for both parents, but particularly fathers, on issues around registration.

· Parental rights and responsibilities of step parents: both Churches believe that this issue should be formalised through the legal process and that throughout all such legal processes the values, principles and processes of the children’s hearing system should be adopted. This will maximise attention to the views of children and minimise any adverse impact on them.

· Rights of contact for grandparents and wider family members: both Churches believe that grandparents can play a tremendously beneficial role in the lives of children and recognize the importance of the extended family but recognize that parents should normally be responsible for deciding the best interests of their children in terms of access by other family members.

Although both Churches have different viewpoints on some matters, including reducing time limits for divorce and legal rights for cohabitees, both agree that information and education about family issues, marriage preparation and maintenance all require greater resources. Additionally, greater support should be directed towards marriage reconciliation services.

The Church of Scotland and the Catholic Church show their commitment to children and families not only through words, but also through actions. Both Churches operate services directly for children, young people and families in times of difficulty. Projects include residential schools, assistance for children whose parents are abusing drugs and projects dedicated to assisting women who are suffering from postnatal depression. Both Churches will continue to show their commitment to marriage and families through the provision of social care projects and the encouragement of marriage as the most stable and fulfilling family unit.

Dr Elliot commented:

Cardinal O’Brien commented: