Before the Act of 1986 was enacted, a father did not have an absolute right to access to his child. He is only entitled to access if the court is satisfied that that is in the best interests of the child, and that the onus to show that is on the father who seeks access. The child in this action of divorce, was only 18 months old. He had had almost no contact with his father, who had seen him only twice very briefly. The mother was adamantly opposed to access, and the judge was satisfied that any attempt at access at that time would only sustain this hostility and that the child would sooner or later sense it and suffer thereby. The only reason given for the father’s application was that he was the father of the child.
Held: Once the paramountcy of the child’s welfare was recognised, there could be no assumption of a right of access.
Judges:
Lord Dunpark
Citations:
1986 SLT 105
Statutes:
Law Reform (Parent and Child) (Scotland) Act 1986 3
Jurisdiction:
Scotland
Cited by:
Cited – Sanderson v McManus HL 6-Feb-1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed.
Held: The father could not appeal on a question of fact alone. There . .
Followed – Montgomery v Lockwood 1987
The pursuer had no right of access to the child unless the court granted it and that the court could not make any order unless it was satisfied that to do so would be in the interests of the child. . .
Followed – Russell v Russell 1991
. .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 05 December 2022; Ref: scu.237538
