Mr McArthur says court proceedings are often the only option for a father who has been denied their right to be registered as the father.

There is a balance of rights here, replies Mr Stockwell.

We could ensure all father's are registered on birth certificates but that might have downsides in terms of the mother's relationship with the father, he adds.

Mr Stockwell highlights the rates of sole parent birth registration have fallen in recent years.

Image source, bbc

Liam McArthur pivots to the rights of unmarried fathers and says the bill does not propose any changes in relation to this.

Mr Stockwell says the Scottish Law Commission recommended all fathers should get parental responsibilities and rights back in 1992.

The law was changed in 2006 so unmarried fathers could get these rights if they jointly registered the birth and now 96% of fathers get these rights through that or being married to the mother, he explains.

The government thought about giving these rights automatically to fathers, but it was thought there may be concerns about abuse and violence which may be why the mother did not procure a joint registration of the birth, he tells the committee.

Mr Stockwell says it was thought best not to make any changes in the provision.

What's the situation in England?

Domestic abuse survivors say children are being put at risk by the family courts.

Simon Stockwell from the government's family law unit says, in terms of disclosing documents relating to abuse, the welfare of the child must be paramount.

Mr Stockwell says the majority consensus after consultation was not to change the law.

Image source, bbc

Jamie Bowman from the Scottish government legal directorate says the bill allows special measures to ameliorate potential distress, such as by using of a screen or TV link.

They can also have personal representation, he adds.

SNP MSP Jenny Gilruth says it is up to the court whether it appoints a child welfare reporter and it may not when it should.

Mr Stockwell accepts what happens in one sheriff court may not happen in another, but stresses all cases are different.

He explains the government cannot cut across judicial independence and a balance must be struck.

Tory MSP Liam Kerr wonders about the payment of automatically appointed lawyers and how it will impact the profession.

We would only expect these lawyers to be appointed in a small number of circumstances, replies Ms Frodsham, in part because most parties will already have a lawyer by the time they get to this stage.

This will not be covered by legal aid because a party may not meet the financial tests for it, hence the proposal to create a register of solicitors instead she adds.

It will be government who will meet the costs, she says.

Lib Dem MSP Liam McArthur says the committee has heard the child welfare reporter's responsibility is to the court, not the child.

Would it not be more appropriate for the prime responsibility to be to the child, he asks.

Ultimately the welfare of the child is the paramount consideration of the court, so I think perhaps we do get there albeit by a circuitous route, Mr Stockwell says.

Simon Stockwell says the government is looking into whether not just lawyers can be child welfare reporters, with the suggestion social workers might also be suitable.

Being a child welfare reporter is undeniably a difficult and skilled job as they make recommendations that will matter deeply to the child and their parents, he adds.

Fee rates must be set at an appropriate level to attract good people to do good quality work he tells the committee.

Image source, bbc

Iain Fitheridge from the government's children’s hearings team says we will be introducing advocacy workers in around Spring of next year and they can help the children understand the hearings and provide support.

Rona Mackay asks why a specific statutory requirement relating to parental alienation is not included in the bill.

It's a term that is much disputed among practitioners and the voluntary sector, replies Mr Stockwell.

The Scottish government generally supports both parents being involved in a child's life, he explains, but there are circumstances where this is not appropriate.

"Including the term parental alienation would have raised more questions than it answers."

Ms Mackay points out there are issues when a child does not want contact with a parent.

Ms Mackay wonders if domestic abuse courts will hear family and criminal cases.

Simon Stockwell says there are concerns about how this would work in practice, including what happens if a case is not proven.

Green MSP John Finnie highlights the government consulted on including child support workers in the process and wonders why the final decision was not to include them.

There are concerns that a child could end up with a number of support workers for different reasons, Mr Frodsham explains.

But this will be considered further due to the need to create a more joined-up approach she adds.

Image source, Getty Images

Under the new legislation, child welfare reporters, who may be appointed when the court has been asked to resolve a dispute between parents, would be regulated.

This would ensure reporters are trained to understand and respond to issues such as domestic abuse and coercive control.

The Scottish government said other improvements include prohibiting a party from conducting their own case if there was a vulnerable witness.

Campaigners have welcomed the publication of the bill.

Dr Marsha Scott, chief executive of Scottish Women's Aid, said: "This piece of legislation will be vital for child victims of domestic abuse, as well as their mothers."

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Simon Stockwell says sheriff time is limited and not all have the training to explain decisions to children.

Not every child would be comfortable to come to the court, the government's family law unit official adds.

Most decisions should be relayed by a child welfare reporter, who must take the views of the children and report back to them, he explains.

Labour MSP James Kelly asks: "Do you think that sheriffs need more training?"

Judicial training is not a matter directly for the government, rather for the Judicial Institute, replies Mr Stockwell.

He explains there are specialist sheriffs but when you have a generalist system, sheriffs cannot be experts in everything.

Mr Stockwell says: "Speaking to children and listening to children is quite a skill" and adds that is why they are seeking to give more training to child welfare reporters.

Image source, Getty Images

According to a SPICe briefing on the Children (Scotland) Bill..., external

"The Bill would make some important reforms. It aims to encourage the court to hear the views of younger children (under 12s) before reaching its decision. It would require courts to explain (most) court decisions to (most) children.

"The Bill would also introduce practical measures to improve the experience of vulnerable people in the courtroom, such as parents affected by domestic abuse.

"The welfare of the child, as the paramount consideration, is a key principle of the 1995 Act which the courts apply. The Bill would introduce two new statutory factors to guide the court's assessment of welfare in an individual case."

Deputy convener Rona Mackay asks about under 12s being able to share their views but over 12s being able to instruct solicitors.

Ms Frodsham says even very young children may have views about who they want to live with and who they want to have contact with.

Simon Stockwell, also from the family law unit, says instructing a solicitor is a more formal process than offering views, so we believe it is right to retain this age limit in the bill.

Ms Frodsham tells the committee about the bill's compliance with the UNCRC.

The United Nations Convention on the Rights of the Child (UNCRC) , externalcame into force in September 1990. It sets out the rights enjoyed by people under the age of 18.

It is the most complete statement of children’s rights ever produced and is the most widely-ratified international human rights treaty in history.

• Read the full convention, external
• Read a summary of the UNCRC, external

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The final part of the bill is to protect from domestic abuse, says Ms Frodsham.

The Scottish government official details changes the bill will make to the Vulnerable Witnesses (Scotland) Act 2004.

Hannah Frodsham from the government's family law unit explains while the 1995 Children Act was considered groundbreaking at the time, there are problems relating to how it functions.

To that end the Scottish government consulted on how to improve it last year, she adds.

A child's welfare must be paramount in any decision making Ms Frodsham says, so child welfare reporters will require suitable training under this bill.

She explains the second part of the bill is to ensure all children's were are capable and wish to do so can give their views, regardless of age.

Image source, Getty Images

Proposed new laws to improve the experience of children involved in family courts have been published by the Scottish government.

The Children (Scotland) Bill , externalfollows a consultation which took into account the views of young people.

Ministers say they want to ensure the justice system does not contribute to young people's distress.

Campaigners said the legislation was "vital" for child victims of domestic abuse.

The proposals are intended to update the 1995 Children Act, to reflect changes within modern families.

Read more.

Image source, bbc

Deputy convener Rona Mackay welcomes:

• Simon Stockwell from the government's family law unit
• Iain Fitheridge the government's children’s hearings team
• Hannah Frodsham from the government's family law unit
• Shona Spence the government's looked after children team
• Margaret Main from the Scottish government legal directorate
• Jamie Bowman from the Scottish government legal directorate
• Victoria Morton from the Scottish government legal directorate

Image source, Getty Images

The Justice Committee will begin shortly, taking evidence from Scottish government officials on the Children (Scotland) Bill, external.

It aims to make improvements to the family court system in Scotland.

View evidence the committee has taken on the bill so far here. , external

And papers for today's meeting here. , external

Image source, Getty Images

Welcome to BBC Scotland's coverage of the Scottish Parliament on Tuesday 26 November 2019.

The justice committee meets this morning to consider the Children Bill, which aims to improve the experience of children involved in family courts.

After topical questions on university strikes and the justice system, MSPs will celebrate the science and research sector in a debate titled "Scotland as a science nation".

After this, Labour MSP Elaine Smith leads a members debate on Catholic schools, with her motion stating they have a "right to retain their Catholic ethos".