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The Law ReLaTing To PaRenT & ChiLd in SCoTLand Professor Kenneth McK. Norrie 3rd Edition Published under the auspices of the Scottish Universities Law Institute
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The Law ReLaTing To PaRenT & ChiLd in SCoTLand Professor Kenneth McK. Norrie 3rd Edition This eagerly anticipated third edition is the most detailed and respected analysis available of the law governing the Parent and Child relationship in Scotland. In the years since the previous edition in 1999 the law has very substantially changed, not only as a result of extensive case law development and statutory amendment but also because of the increasing influence of European human rights imperitives. The very notion of parenthood itself, especially but not only following artificial reproductive procedures, has undergone a radical restructuring since 1999. Permanence orders, parenting orders, medical examination orders and antisocial behaviour orders have all been created since the previous edition. Important guidance has been given by the courts in residence and contact disputes, for example in respect of applications by one parent to remove the child from the jurisdiction. The increasing role of domestic violence in residence and contact disputes, and the decreasing role of sexual orientation, are both dealt with in detail. Professor Norrie tackles all issues affecting these areas of the law and guides the reader through these important and complex changes, not only describing them but also providing key academic insight and understanding into how these affect families in Scotland and therefore the real life work of legal professionals dealing with such cases. This Third Edition contains a chapter on the new Child Support rules by the noted expert in child support, John Fotheringham, WS. International developments are fully covered throughout in contributions by Kirsty Hood, Advocate. Publishing August 2013
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Key areas covered in this 3rd edition of The Law Relating to Parent and Child in Scotland include: •
Residence and contact disputes between parents
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International aspects of the parent and child relationship
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The evolving definition of “parent”
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Education of children
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Aliment and child support
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International enforcements of maintenance orders
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Local authority obligations towards looked after children
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Fostering of children and kinship care
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Child care and protection mechanisms
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Children’s hearings
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Adoption and permanence planning
The text lists and discusses key case law from the Court of Session and Supreme Court plus significant cases from Scotland’s sheriff courts. Full account is taken of procedural law in both the sheriff court and Court of Session, treaties of the international conventions from the Council of Europe, the Hague Conference and the European Union. This is the single source of guidance for those wishing to know the law as it stands in 2013 and who also require a full understanding of how it affects their clients. Professor Norrie has provided the most comprehensive and current resource available.
New legislation covered within the text includes: •
Standards in Scotland’s Schools etc Act 2000
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Antisocial Behaviour etc (Scotland) Act 2004
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Family Law (Scotland) Act 2006
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Adoption and Children (Scotland) Act 2007
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Human Fertilisation and Embryology Act 2008
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Child Maintenance and Other Payments Act 2008
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Looked After Children (Scotland) Regulations 2009
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Education (Additional Support for Learning) (Scotland) Act 2009
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Children’s Hearings (Scotland) Act 2011
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Children’s Hearings Rules 2013
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Secure Accommodation Regulations 2013
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Brussels IIbis
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1996 Hague Child Protection Convention
5 current, key points of law dissected in this text: Family Law (Scotland) Act 2006: where rules for determining a child’s domicile are substantially restructured; “illegitimacy” finally abolished and the non-marital father’s role is enhanced. Adoption and Children (Scotland) Act 2007: where eligibility to adopt is widened from the pre-2007 position. Adoption agencies and courts are subject to stricter time-limits than before and grounds for dispensing with parental consent are substantially restructured. A new order created for children for whom adoption is not suitable but who need to be permanently kept away from their birth families: the “permanence order”. Human Fertilisation and Embryology Act 2008: where the concept of “parent” is substantially extended to include unmarried and same-sex partners of mothers; parenthood is conferred on basis of consent to become parent; surrogacy rules are modernised. Looked After Children (Scotland) Regulations 2009: where the regulation of foster care is updated and kinship care is introduced and regulated as a separate concept. Children’s Hearings (Scotland) Act 2011: where a new national children’s panels is established; new means of ensuring participation of those enjoying family life with child; new process to acquire “relevant person” status; new grounds of referral; interim orders introduced; secure accommodation rules amended. This is an essential text for legal professionals, local authorities, adoption and fostering agencies and all those involved with looked after children and children’s hearings. Ensure you have the guidance required to deal with all issues affecting you on a daily basis. Order your copy today. Kenneth McK. Norrie is a Professor of Scots Law at the University of Strathclyde.
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