I (a child), Re Adoption of Children [2011] ScotSC 29 (16 May 2011)

I (a child), Re Adoption of Children [2011] ScotSC 29 (16 May 2011)

The court refused to refer the children's hearing proposal to the Principal Reporter due to practical considerations and the importance of contact as a key issue in the pending Permanence Order proceedings. The court made an interim order for one period of contact under existing conditions and continued consideration of further contact to a later hearing.

Citation
[2011] ScotSC 29
Parties
Petitioner: The City of Edinburgh Council; Natural Father/respondent: S
Jurisdiction
Scotland
Judgment Date
16 May 2011
Procedural Posture
Permanence Order Under Section 80 of the Adoption and Children (scotland) Act 2007 / Interim Hearing Prior to Proof
Outcome
Proposal of the children's hearing not referred to Principal Reporter; interim order for one period of contact granted; further interim orders continued to next hearing.
Legal Topics
Permanence Orders, Supervision Requirements, Contact Arrangements, Children's Hearings, Interim Orders
Family Law Child Law Permanence Orders Supervision Requirements Contact Arrangements Children's Hearings Interim Orders

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Parties

The City of Edinburgh Council

Petitioner

S

Natural Father/respondent

Procedural Posture

Permanence Order Under Section 80 of the Adoption and Children (scotland) Act 2007 / Interim Hearing Prior to Proof

Legal Issues

  1. 1 Whether to refer the children's hearing proposal to reduce contact to the Principal Reporter
  2. 2 Whether to make an interim order regarding contact between child and natural father

Ratio Decidendi

The court refused to refer the children's hearing proposal to the Principal Reporter due to practical considerations and the importance of contact as a key issue in the pending Permanence Order proceedings. The court made an interim order for one period of contact under existing conditions and continued consideration of further contact to a later hearing.

Court Disposition

Proposal of the children's hearing not referred to Principal Reporter; interim order for one period of contact granted; further interim orders continued to next hearing.

Orders

  • Refusal to refer the children's hearing proposal dated 4 April 2011 to the Principal Reporter
  • Interim order for one period of contact between I and S under existing supervision requirement conditions before 2 June 2011