IN PETITION OF DUMFRIES AND GALLOWAY COUNCIL FOR A PERMANENCE ORDER IN TERMS OF SECTION 80 OF THE ADOPTION AND CHILDREN SCOTLAND ACT 2007 IN RELATION [2012] ScotSC 79 (17 July 2012)

IN PETITION OF DUMFRIES AND GALLOWAY COUNCIL FOR A PERMANENCE ORDER IN TERMS OF SECTION 80 OF THE ADOPTION AND CHILDREN SCOTLAND ACT 2007 IN RELATION [2012] ScotSC 79 (17 July 2012)

A motion for an interim order for contact in a permanence application at the instance of parents who have not been deprived of parental responsibility and right to maintain contact is competent. The court's discretion to grant such a motion is wide and not restricted to the local authority. The interests of the child, including expeditious determination of the application and the provision of information to the court, justify granting the motion for supervised contact to allow expert observation.

Citation
[2012] ScotSC 79
Parties
Petitioner: Dumfries and Galloway Council; Father/respondent: McMurchie; Mother/respondent: Hann
Jurisdiction
Scotland
Judgment Date
17 July 2012
Procedural Posture
Petition for Permanence Order / Interim Motion for Contact Pending Proof
Outcome
Interim order for supervised contact granted
Legal Topics
Permanence Orders, Interim Contact, Adoption, Supervision Requirements, Parental Rights
Family Law Child Law Permanence Orders Interim Contact Adoption Supervision Requirements Parental Rights

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Parties

Dumfries and Galloway Council

Petitioner

McMurchie

Father/respondent

Hann

Mother/respondent

Procedural Posture

Petition for Permanence Order / Interim Motion for Contact Pending Proof

Legal Issues

  1. 1 Whether an interim order for contact can be made at the instance of parents in a permanence order application under section 97(2) of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether the court's discretion to make interim orders is limited to applications by the local authority
  3. 3 Whether the best interests of the child require the granting of interim contact for the purpose of expert observation

Ratio Decidendi

A motion for an interim order for contact in a permanence application at the instance of parents who have not been deprived of parental responsibility and right to maintain contact is competent. The court's discretion to grant such a motion is wide and not restricted to the local authority. The interests of the child, including expeditious determination of the application and the provision of information to the court, justify granting the motion for supervised contact to allow expert observation.

Court Disposition

Interim order for supervised contact granted

Orders

  • The child R shall have contact with his parents together for one hour at such time before 16 August 2012 as arranged by the petitioners; contact to be supervised as previously and observed by Dr Richard Woolfson, Chartered Psychologist.