JRD v. WH [2004] ScotSC 16 (23 February 2004)

JRD v. WH [2004] ScotSC 16 (23 February 2004)

The application is for a parental rights order, which cannot be granted to a person under 16. Section 11(2)(d) does not create a standalone right to contact distinct from parental rights. The sheriff was correct to refuse the warrant for citation as the action was incompetent due to the pursuer's age.

Citation
[2004] ScotSC 16
Parties
Pursuer: J R D; Defender: Mr & Mrs W H
Jurisdiction
Scotland
Judgment Date
23 February 2004
Procedural Posture
Family Law Appeal / Appeal Against Refusal to Grant Warrant for Citation
Outcome
appeal refused; sheriff's interlocutor adhered to
Legal Topics
Contact Orders, Parental Rights, Adoption, Title to Sue
Family Law Child Law Contact Orders Parental Rights Adoption Title to Sue

Case Brief

Summary, issues, holding and outcome

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Parties

J R D

Pursuer

Mr & Mrs W H

Defender

Procedural Posture

Family Law Appeal / Appeal Against Refusal to Grant Warrant for Citation

Legal Issues

  1. 1 Whether a person under 16 can seek a contact order under Section 11(2)(d) of the Children (Scotland) Act 1995
  2. 2 Whether such an order is a parental rights order and thus subject to age restrictions
  3. 3 Whether the pursuer has title and interest to sue given the lack of legal relationship and contact

Ratio Decidendi

The application is for a parental rights order, which cannot be granted to a person under 16. Section 11(2)(d) does not create a standalone right to contact distinct from parental rights. The sheriff was correct to refuse the warrant for citation as the action was incompetent due to the pursuer's age.

Court Disposition

appeal refused; sheriff's interlocutor adhered to

Orders

  • Refusal of appeal
  • Adherence to sheriff's interlocutor dated 26 August 2003