E v E [2004] ScotSC 53 (12 August 2004)

E v E [2004] ScotSC 53 (12 August 2004)

It is competent for the court to make an order enabling supervised contact between the pursuer and her siblings, either in favour of the pursuer or by imposing parental responsibilities on the defenders, notwithstanding the pursuer's age. The restrictive interpretation of Section 11 is not determinative in light of the need to construe legislation compatibly with Convention rights and the best interests of the child.

Citation
[2004] ScotSC 53
Parties
Pursuer: Miss E; Defenders: Mr and Mrs E
Jurisdiction
Scotland
Judgment Date
12 August 2004
Procedural Posture
Family Law Child Contact / Interlocutory; Ruling on Competency Plea
Outcome
Defenders' first plea-in-law repelled; cause remitted for further procedure.
Legal Topics
Child Contact, Parental Responsibilities and Rights, Competency of Proceedings, UN Convention on the Rights of the Child, European Convention on Human Rights
Family Law Child Law Human Rights Child Contact Parental Responsibilities and Rights Competency of Proceedings UN Convention on the Rights of the Child European Convention on Human Rights

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Parties

Miss E

Pursuer

Mr and Mrs E

Defenders

Procedural Posture

Family Law Child Contact / Interlocutory; Ruling on Competency Plea

Legal Issues

  1. 1 Is it competent for a child under 16 to seek a contact order with siblings under the Children (Scotland) Act 1995?
  2. 2 Does the Act or relevant conventions preclude such an application?
  3. 3 Can the court make an order in favour of the pursuer or by imposing parental responsibilities on the defenders to enable supervised contact?

Ratio Decidendi

It is competent for the court to make an order enabling supervised contact between the pursuer and her siblings, either in favour of the pursuer or by imposing parental responsibilities on the defenders, notwithstanding the pursuer's age. The restrictive interpretation of Section 11 is not determinative in light of the need to construe legislation compatibly with Convention rights and the best interests of the child.

Court Disposition

Defenders' first plea-in-law repelled; cause remitted for further procedure.

Orders

  • Repels the first plea-in-law for the Defenders.
  • Remits the cause to the Procedural Roll for further procedure.