Scotland: Incrementalism and Compromise in Reforming Child and Family Law

Citation

Sutherland E (2023) Scotland: Incrementalism and Compromise in Reforming Child and Family Law. In: Wilson RF & Carbone J (eds.) International Survey of Family Law 2023. 1 ed. Cambridge: Intersentia, pp. 179-197. https://www.larcier-intersentia.com/en/international-survey-family-law-2023-9781839704017.html

Abstract
Unsurprisingly – and as in many other jurisdictions – contemporary Scots child and family law differs, sometimes quite radically, from the law as it was half a century ago. This chapter focuses on the development of intimate adult relationships where law reform has followed a clear trajectory, with the legal system recognising a wider range of relationships and making them available on a more diverse basis. It reviews how the law has evolved, interrogating what has driven the various reforms and how the process has worked – an exercise that may inform those addressing reform of child and family law in the future.