Scottish Human Rights Law Group

Concerned an objection to a freeing order by the unmarried father of a four and half year old child in respect of whom the father had raised proceedings seeking orders for parental responsibilities and rights under section 1 and 11 of the Children (Scotland) Act 1995. The sheriff at first instance granted the freeing order, dispensing with the mother’s agreement and, at the same time, refused the father’s motion for interim parental responsibilities and rights.  The father appealed to the sheriff principal against the freeing order who refused his appeal as incompetent on the basis that once it was concluded that the application for parental rights and responsibilities would be refused, an unmarried father had no locus to be heard in the freeing process.

The father further appealed to the Court of Session which reversing the decision of the Sheriff Principal held that a properly Article 8 compatible interpretation of the relevant legislation meant the father in the pursuer’s situation should be recognised as having locus to appeal against the freeing order.  However on the substantive issue the Court of Session upheld the decision of the sheriff at first instance holding that  that adoption was in the child’s best interests and that a satisfactory adoption required to exclude contact with the father.

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