Abstract
Scottish courts have traditionally preferred to deal with questions of
parental responsibilities and
parental rights in a substantive
rather than technical manner.The
Court of Session eschewed the
use of onus, for example, in favour
of the real issue of the child's
welfare in White v White 2001 SC
689. Another technicality which
ought, in my view, to be avoided is
title to seek an order relating to
parental responsibilities or parental
rights. Before the coming into force
of the Children (Scotland) Act
1995 questions of title arose fairly
frequently in the context of
whether grandparents, or exparents
after adoption, could seek
access to their grandchild or exchild
(see, for example F v F 1991
SLT 357; D v Grampian Regional
Council 1995 SLT 519). Since the
1995 Act, this question continues
to trouble the court, not so much
on the point of principle but due
to the structure of section 11 itself.
Original language | English |
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Pages (from-to) | 22-23 |
Number of pages | 1 |
Journal | Journal of the Law Society of Scotland |
Volume | 49 |
Issue number | 10 |
Publication status | Published - Oct 2004 |
Keywords
- child contact cases
- scots law
- child welfare