Scottish Human Rights Law Group

Two children of a divorcing couple, aged 14 and 12 and C, had been interviewed in the course of preparation of the report to the court prepared to assist the court in determining issues related to the residence of the children and the contact with their parents.    Both interviewed children requested that their views which related to disclosures about certain incidents referred to in the report be kept confidential.   The reports of their views was placed in sealed envelopes and not made available to the divorcing parties. their request resulted from fear of repercussions.  In refusing a motion by the divorcing husband and father of the children seeking disclosure of his children’s views, the court held that for a child to be able to express his views freely he had to be able to feel confident in privacy if he wished, which the court should respect except in compelling circumstances, Article 12 of the Convention on the Rights of the Child 1989 (United Nations) Article 12 , implemented in section 6 of the Children (Scotland) Act 1995.

Full report available at:  1999 SLT (Sh. Ct.) 86