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All Outputs (25)

Book Review: 'A History of Scottish Child Protection Law' (2021)
Journal Article
Barnes Macfarlane, L. (2021). Book Review: 'A History of Scottish Child Protection Law'. Juridical Review, 2021(1), 59-61

Review of 'A History of Scottish Child Protection Law', by K McK Norrie (published 23-7-2020).

Practicability in ascertaining children’s views: superseding ‘the default position’ (2021)
Journal Article
Barnes Macfarlane, L. (2022). Practicability in ascertaining children’s views: superseding ‘the default position’. Journal of Social Welfare and Family Law, 43(4), 475-477. https://doi.org/10.1080/09649069.2021.1999108

This paper considers the issue of ‘practicability’ in ascertaining the views of children in family proceedings with reference to the recent, and noteworthy, Scottish Inner House judgment of M v C. As each of the is UK nations contemplate more fully i... Read More about Practicability in ascertaining children’s views: superseding ‘the default position’.

Out of the mouths of babes: listening to children of all ages in family court cases (2021)
Journal Article
Barnes Macfarlane, L. (2021). Out of the mouths of babes: listening to children of all ages in family court cases. The Journal of the Law Society of Scotland,

Critical overview of amendments made by the Children (S) Act 2020 to cases brought under Part 1 of the Children (S) Act 1995 (e.g. contact/residence disputes). These amendments are intended to better align Scottish Law with the contemporary understan... Read More about Out of the mouths of babes: listening to children of all ages in family court cases.

A new welfare test for family court cases: plus ca change..? (2021)
Journal Article
Barnes Macfarlane, L. (2021). A new welfare test for family court cases: plus ca change..?. The Journal of the Law Society of Scotland, 66(3),

The Children (Scotland) Act 2020 makes the most significant amendment to Part 1 of the Children (Scotland) Act 1995 in 25 years. This article discusses the repeal, re-enactment and augmentation of the 'welfare test'.

Making Law for Children in Scotland: Turning Commitment into Reality (2020)
Journal Article
Barnes Macfarlane, L. (2020). Making Law for Children in Scotland: Turning Commitment into Reality. Amicus Curiae, 1(3), 476-486. https://doi.org/10.14296/ac.v1i3.5176

This note discusses ongoing developments in Scottish law concerning children and the creation of more Children’s Rights-based legislation in Scotland. Two steps being taken by the Scottish Government are considered. The first of these is the curren... Read More about Making Law for Children in Scotland: Turning Commitment into Reality.

A statutory checklist for family court cases: new life for an old idea? (2020)
Journal Article
Barnes Macfarlane, L. (2020). A statutory checklist for family court cases: new life for an old idea?. Scots Law Times, 2020,

Critical analysis of the proposal to include a 'welfare checklist"to which the court must have regard in Scottish family court disputes.

Reforming Family Law: the devil in the detail (2020)
Journal Article
Barnes Macfarlane, L. (2020). Reforming Family Law: the devil in the detail. Scots Law Times, 2020 SLT (News) 21,

An overview and analysis of the current law governing private family disputes and the proposals contained in the new Children (Scotland) Bill.

Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights? (2018)
Journal Article
Macfarlane, L. (2018). Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?. Juridical Review, 75-97

Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests… shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indic... Read More about Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?.

Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development (2018)
Journal Article
Barnes Macfarlane, L. (2018). Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458

"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is rare and rather surprising when parties, their children or, indeed, the judi... Read More about Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development.

‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’ (2015)
Journal Article
Macfarlane, L. (2015). ‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’. Stellenbosch Law Review, 26(2), 424-442

This article addresses the right to life, survival and development, guaranteed to every child by the United Nations Convention on the Rights of the Child, article 6, within the context of childhood accidental injury in Scotland. It is argued that Sc... Read More about ‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’.

F v F: MMR vaccine - welfare need or welfare norm? (2014)
Journal Article
Macfarlane, L. B. (2014). F v F: MMR vaccine - welfare need or welfare norm?. Edinburgh Law Review, 18(2), 284-289. https://doi.org/10.3366/elr.2014.0214

Notwithstanding extensive media coverage and commentary, the recent judgment of the High Court Family Division in F v F1 is not one that tells us very much about children’s rights or, indeed, their welfare. Instead, the case reveals the complexitie... Read More about F v F: MMR vaccine - welfare need or welfare norm?.