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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 07 July 2022

April 2001

April 2001

Whither the No-Order Principle?

(p.41) Commentary No 8: April 2001
Professor Norrie's Commentaries on Family Law

Kenneth McK Norrie

Edinburgh University Press

Discusses the important Inner House decision in White v White 2001 SLT 485 where it was held that in an application under s.11 for parental responsibilities or parental rights, or residence or contact with a child, there is no onus of proof which can decide the case in the absence of clear evidence. The judge must hear such evidence as there is and decide, using his judgment, which option is best likely to meet the child's interests. It is questioned where this leave the statutory no-order principle.

Keywords:   No-order principle, Father's rights, Title to seek contact order, No-order presumption, UN Convention on the Rights of the Child

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