THE CITY OF EDINBURGH COUNCIL FOR PERMANENCE ORDERS IN RESPECT OF THE CHILDREN AB AND CD v. WX AND YZ [2014] ScotSC 38 (28 May 2014)

THE CITY OF EDINBURGH COUNCIL FOR PERMANENCE ORDERS IN RESPECT OF THE CHILDREN AB AND CD v. WX AND YZ [2014] ScotSC 38 (28 May 2014)

The court was not satisfied that residence of the children with their mother is likely to be seriously detrimental to their welfare. The mother's past issues, including drug abuse and chaotic lifestyle, have been addressed and she is now stable, drug-free, and has demonstrated good parenting. The historical concerns do not justify extinguishing her parental rights. Therefore, the statutory test for a permanence order is not met.

Citation
[2014] ScotSC 38
Parties
Petitioner: The City of Edinburgh Council; Child: AB; Child: CD; First Respondent (mother): WX; Second Respondent (father): YZ
Jurisdiction
Scotland
Judgment Date
28 May 2014
Procedural Posture
Petition for Permanence Orders (child Welfare) / Judgment After Proof (trial)
Outcome
Petition for permanence orders refused.
Legal Topics
Permanence Orders, Parental Rights and Responsibilities, Child Protection, Adoption and Children (scotland) Act 2007, Children (scotland) Act 1995
Family Law Child Welfare Permanence Orders Parental Rights and Responsibilities Child Protection Adoption and Children (scotland) Act 2007 Children (scotland) Act 1995

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Parties

The City of Edinburgh Council

Petitioner

AB

Child

CD

Child

WX

First Respondent (mother)

YZ

Second Respondent (father)

Procedural Posture

Petition for Permanence Orders (child Welfare) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether residence of the children with their mother is likely to be seriously detrimental to their welfare under the Adoption and Children (Scotland) Act 2007
  2. 2 Whether a permanence order should be granted extinguishing parental rights and responsibilities

Ratio Decidendi

The court was not satisfied that residence of the children with their mother is likely to be seriously detrimental to their welfare. The mother's past issues, including drug abuse and chaotic lifestyle, have been addressed and she is now stable, drug-free, and has demonstrated good parenting. The historical concerns do not justify extinguishing her parental rights. Therefore, the statutory test for a permanence order is not met.

Court Disposition

Petition for permanence orders refused.

Orders

  • Refuses the Petitioner's application for a permanence order in relation to the children AB and CD.
  • Appoints a hearing on a date to be afterwards fixed for the Sheriff to be addressed on the question of expenses.