Jump to ContentJump to Main Navigation
Professor Norrie's Commentaries on Family Law$
Users without a subscription are not able to see the full content.

Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 20 September 2021

April 2001

April 2001

Whither the No-Order Principle?

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

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0008

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

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.