Scottish courts deciding anything about a child — where they live, who they see, which school they attend — are under a legal duty to give that child the opportunity to express a view, and to have regard to it. Not as a courtesy: as a core requirement, strengthened in recent reforms so that it applies to every child capable of forming a view, however young.
What that duty looks like in practice is a mystery to most parents until they’re in it. This guide walks through the machinery — who asks the child, how, what happens to the answers, and the honest reality of how much weight views carry at different ages.
Does my child have a legal right to be heard?
Yes. In any case about parental responsibilities and rights — residence, contact, specific issues — the court must give the child an opportunity to express a view and must have regard to any view expressed, taking account of the child’s age and maturity. Recent reform deliberately removed the old assumption tied to age twelve: the duty now reaches every child capable of forming a view, which in practice means courts consider how to hear even quite young children rather than whether to. Hearing a view is not the same as obeying it — the welfare of the child remains the court’s paramount consideration — but a decision that ignores the machinery is vulnerable on appeal.
What is the Form F9?
The court’s child views form — a short, child-friendly questionnaire sent to the child in sheriff court family actions, asking in plain terms how they feel about the arrangements being discussed and whether they’d like to tell the sheriff anything. The child can fill it in alone or with help from a neutral adult (a teacher, for instance — deliberately not a parent), return it directly to the court, and tick whether they want their answers kept from the parties. It’s the lightest-touch instrument in the toolkit: for young children, contested facts, or anything nuanced, courts tend to want a human being involved instead — which is where the reporter comes in.
What does a child welfare reporter actually do?
A child welfare reporter is an independent person — usually an experienced family solicitor or social-work professional — appointed by the sheriff to find out about the child’s circumstances and views and report back. Expect them to meet the child (often at home, at school, or somewhere neutral), usually to see each parent and each household, sometimes to speak to teachers or other adults in the child’s life, and then to lodge a written report the sheriff and (normally) the parties see. Reporters are experienced at hearing what a child actually thinks beneath what a child has been told to say — more on that below. Their fees are typically met by the parties as the court directs, with legal aid able to assist where it’s in place.
Will my child have to go to court or meet the sheriff?
Children do not give evidence in the witness box in these cases — the whole system is designed to avoid it. Occasionally a sheriff will speak with a child directly, in chambers rather than a courtroom, without the parents present; some children ask for exactly that, and some sheriffs find it valuable for older children. But it’s the exception. The standard routes are the F9 and the reporter — both built so the child speaks once, comfortably, away from the dispute’s theatre. If your child is anxious about “going to court”, you can reassure them honestly: that is not how this works. (For what adults experience at hearings, see our hearings guide and our companion piece on giving evidence.)
Can my child get their own solicitor?
Sometimes — and from around age twelve a child is legally presumed to have the capacity to instruct one, with younger children able to do so if they have sufficient understanding. A child with their own solicitor can enter the case as a party in their own right, with their views advanced independently of either parent — something that happens in a minority of cases, typically involving older children with strong, settled positions or where both parents’ accounts of the child’s wishes are in doubt. Children’s legal aid is assessed on the child’s own means, so it is usually available. If your child raises this, take it seriously and mention it to your own solicitor; steering them away from independent advice reads badly for a reason.
Will I get to see what my child said?
Usually, but not automatically — and this is one of the most delicate corners of family procedure. Fairness pulls one way: parties are normally entitled to know the material the court acts on. The child’s protection pulls the other: children speak more freely when they know their words won’t be read aloud at the kitchen table, and the F9 lets them ask for confidentiality. Sheriffs balance the two, sometimes withholding part of a view or summarising rather than quoting. Two rules for parents: don’t interrogate your child about what they told the reporter or wrote on the form — and if you do see the views, never make the child answer for them. Both are noticed, and both are held against the parent who does it.
What if my child’s view has been influenced by the other parent?
Say so — through your solicitor, with specifics — and then let the process test it, because it is genuinely good at doing so. Reporters probe why a child holds a view: a rehearsed script tends to collapse under gentle questions, adult phrases stand out in a seven-year-old’s mouth, and a view that appeared overnight after a contested hearing tells its own story. Courts distinguish a child’s authentic (even if unwelcome) view from one manufactured for them, and demonstrated influencing damages the influencer across the whole case — the dynamics we cover in our guide to contact refusal. What you should not do is counter-coach. Two scripted children help no one, and reporters usually spot both.
How much weight does a view actually carry?
Honestly: it scales. A five-year-old’s preference is heard and weighed, but adults are expected to shape arrangements around welfare rather than wishes. Through the primary years, views gain gravity as reasons develop. By the mid-teens the balance has effectively tipped — courts almost never enforce arrangements against the settled opposition of a 14- or 15-year-old, partly out of respect and partly out of realism, since no order can march a teenager anywhere. The contested territory is roughly eight to thirteen, where maturity, reasoning, and the possibility of influence are weighed together — precisely the assessment reporters exist to make. A view is also never the only factor: it sits alongside everything else welfare requires the court to consider.
How do I support my child through this without crossing a line?
Tell them, in neutral terms, that the adults are sorting out arrangements and that someone independent may ask what they think — and that all answers are fine, including “I don’t know” and “I don’t want to say”. Then step back: no rehearsing, no “remember to tell them about…”, no debrief afterwards. Keep routines steady around reporter visits and let school know one is coming if it’s happening there. If your child is struggling with the separation itself, the family support services listed in our local guides can help independently of the court process. A solicitor who handles children’s cases weekly at your local court — findable through our court-by-court guides and directory — will keep you on the right side of every line above.
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Find a Solicitor Near You →Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.