X AND Y [2015] ScotSC 1 (08 January 2015)

X AND Y [2015] ScotSC 1 (08 January 2015)

The respondent is able satisfactorily to discharge her parental responsibilities and exercise her parental rights and is likely to continue to be able to do so; the welfare of the child does not require the respondent’s parental consent to be dispensed with. Alternatives to adoption, namely conferring parental rights and responsibilities and making a residence order in favour of the petitioner, are sufficient to safeguard the child's welfare.

Citation
[2015] ScotSC 1
Parties
Petitioner: X; Respondent: Y
Jurisdiction
Scotland
Judgment Date
08 January 2015
Procedural Posture
Petition for Adoption and Parental Rights / Judgment
Outcome
petitioner's application for adoption order refused; parental rights and responsibilities and residence order granted in favour of petitioner
Legal Topics
Adoption, Parental Rights and Responsibilities, Residence Orders, Dispensation of Parental Consent
Family Law Child Law Adoption Parental Rights and Responsibilities Residence Orders Dispensation of Parental Consent

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Parties

X

Petitioner

Y

Respondent

Procedural Posture

Petition for Adoption and Parental Rights / Judgment

Legal Issues

  1. 1 Whether the respondent is unable satisfactorily to discharge parental responsibilities or exercise parental rights and is likely to continue to be unable to do so
  2. 2 Whether the welfare of the child requires the respondent's parental consent to be dispensed with for adoption
  3. 3 Whether alternatives to adoption are sufficient to safeguard the child's welfare

Ratio Decidendi

The respondent is able satisfactorily to discharge her parental responsibilities and exercise her parental rights and is likely to continue to be able to do so; the welfare of the child does not require the respondent’s parental consent to be dispensed with. Alternatives to adoption, namely conferring parental rights and responsibilities and making a residence order in favour of the petitioner, are sufficient to safeguard the child's welfare.

Court Disposition

petitioner's application for adoption order refused; parental rights and responsibilities and residence order granted in favour of petitioner

Orders

  • Order imposing parental responsibilities and giving parental rights to petitioner in relation to the child under section 11(2)(b) and 11(3)(b) of the Children (Scotland) Act 1995
  • Residence order in favour of petitioner jointly with residence order in favour of child's father under section 11(2)(c) and 11(3)(b) of the Children (Scotland) Act 1995