This consultation is just one element of this package of measures. A separate leaflet Helping the Family in Scotland which describes the measures is distributed with this consultation paper. Copies can also be obtained from the address given below in the Introduction to this paper. One way in which the Government can help is in setting the right legal framework for the relationship between couples and between parents and children, in other words - Family Law. This Government believes that Family Law should be based upon the following principles.
Parents have prime responsibility for their children.
The state and the courts should only intervene in the family if parents are unable to exercise their responsibilities and rights, and if to intervene is in the best interests of the child. Children should have the opportunity to express their views and for their views to be taken into account by their parents, the courts or others who are considering major decisions which will affect them. In the event of a risk of divorce, parents should be fully informed of the implications for their responsibilities and rights and should take full account of the possible effects on their children. In the event of separation or divorce of parents, parental responsibilities and rights should normally continue, with each parent having an active responsibility to promote the child's continued relationship with the other parent. When a marriage breaks down, there should be fairness between the divorcing parties with matrimonial property being shared fairly, taking into account the arrangements for the care of the children and any exceptional circumstances.