Trying to put shared parenting into Scottish law

Abstract

This chapter tells the story of an attempt between 2016 and 2020 to add a rebuttable presumption of shared parenting into Scottish family law as part of a wide-ranging revision of the Children (Scotland) Act. Although the detail of this account relates to legal and parliamentary processes within one country, the responses and opposition to this proposed amendment are likely to be encountered in any country or jurisdiction in which such changes are proposed. The reasons why such legislation is necessary are considered, followed by a step-by-step account of how the Children (Scotland) Bill was considered. The final section considers the various opposing and supporting factions that are likely to be encountered when shared parenting is being debated. It concludes by considering how shared parenting can be promoted and encouraged whether or not a legislative change is achieved.