When parents attend court in relation to child contact or child residence it will usually be under section 11 of the Children (Scotland) Act 1995. Attending court can be stressful, distressing or even intimidating. The Children (Scotland) Act 2020 has introduced new protections to make the process fairer for vulnerable people involved in family disputes.

Below, our family law solicitors in Aberdeen explain what these changes mean.

Who is a “Vulnerable Party”?

A vulnerable party is one of the adults directly involved in a case (unlike a vulnerable witness, which usually refers to children or others giving evidence).

The court must consider whether a party should be treated as vulnerable. This can happen in two main ways:

1. Automatic protection – If you were classed as a “vulnerable witness” under the Vulnerable Witnesses (Scotland) Act 2004 (for example, if you are a victim of domestic abuse or certain offences), you are automatically treated as a vulnerable party. The court must:
   • Allow you to use the special measure you request, or
   • Decide which measure is most appropriate and explain why.
2. Discretionary protection – Even if you don’t fall into the automatic category, the court can still grant protection/special measures if:
   • Attending or taking part in hearings is causing you genuine distress (or is likely to),
   • That genuine distress would be reduced by using a special measure, and
   • Using the measure won’t unfairly prejudice the other side or the fairness of the case.

What Are “Special Measures”?

Special measures are tools the court can put in place to make the process less intimidating for a vulnerable party. These include:

• Live video link – taking part in the hearing from another room or location.
• Use of a screen – so you don’t have to see the other party in the courtroom.
• Use of a supporter – someone who sits with you in court to provide emotional support.
• Other measures – as may be required or requested.

The court can order these protections for all or part of the case, and can vary or revoke them later if circumstances change.

What Factors Will the Court Consider?

When deciding if a party is vulnerable, the court must take into account:

• The nature of the case (e.g. abusive allegations).
• The relationship between the parties.
• The person’s age and maturity.
• Any behaviour towards the person by the other party, their family, or associates.
• Other relevant factors, such as:
  • Cultural background and ethnic origins.
  • Sexual orientation.
  • Domestic or work circumstances.
  • Religious or political beliefs.
  • Any physical disability or impairment.

This broad test means the court can tailor protections to a wide range of circumstances, not just in cases of abuse.

How Do Special Measures Work in Practice?

• If a live video link is used, the court must ensure the vulnerable party can both see and hear the proceedings.
• If a screen is used, it must block the party from the sight of the other side.
• If a supporter is allowed:
  • They may sit with you to provide reassurance.
  • They cannot influence your evidence or act as supporter while giving their own evidence.
• If one sheriff court doesn’t have the right facilities, the case can be transferred to another in the same sheriffdom that does.

Why This Matters for Parents in Child Contact and Residence Cases

These reforms are especially important for people in child contact disputes in Aberdeen (and across Scotland) where there may be a history of domestic abuse, intimidation, or high conflict.

• If you are vulnerable, you don’t have to face the other parent directly in court.
• The court now has a duty to explain its decisions about protections.
• You can have support to reduce the stress of proceedings, making it easier to participate fully.

Conclusion

The Children (Scotland) Act 2020 strengthens protections for vulnerable parties in family law disputes under section 11 of the 1995 Act. If you are involved in a case about child residence or child contact in Aberdeen, and you are worried about facing the other party in court, these new rules ensure you have the right to request protective measures.

At XK Family Law Solicitors, we specialise in supporting parents through difficult family court proceedings. We can help you apply for special measures to make the process safer and less intimidating.

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