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What title: Why title to seek orders such as contact orders is not confined to those entitled to apply for an order conferring parental rights

Norrie, Kenneth (2004) What title: Why title to seek orders such as contact orders is not confined to those entitled to apply for an order conferring parental rights. Journal of the Law Society of Scotland, 49 (10). pp. 22-23. ISSN 0458-8711

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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.