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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.

Scottish Government Consultation Response: Incorporating the UN Convention on the Rights of the Child into Scots Law (2019)
Other
Barnes Macfarlane, L. (2019). Scottish Government Consultation Response: Incorporating the UN Convention on the Rights of the Child into Scots Law

Response to the Scottish Government Consultation: Incorporating the UN Convention on the Rights of the Child into Scots Law. Response 308224602 by Dr Lesley-Anne Barnes Macfarlane, Edinburgh Napier University (Child and Family Law and Policy Team)... Read More about Scottish Government Consultation Response: Incorporating the UN Convention on the Rights of the Child into Scots Law.

Balancing the rights of parents and children: The Children (Scotland) Bill 2019 (2019)
Report
Barnes Macfarlane, L. (2019). Balancing the rights of parents and children: The Children (Scotland) Bill 2019. https://www.parliament.scot/parliamentarybusiness/CurrentCommittees/112969.aspx: Scottish Parliament Justice Committee

The Scottish Government is in the process of updating the Family Justice system. This includes the legislation regulating how family court law cases (i.e. disputes about children between family members)progress through the courts. In family law c... Read More about Balancing the rights of parents and children: The Children (Scotland) Bill 2019.

Twenty Years of the Scottish Parliament in Child and Family Law (2019)
Presentation / Conference
Barnes Macfarlane, L. (2019, October). Twenty Years of the Scottish Parliament in Child and Family Law. Presented at Twenty Years of the Scottish Parliament in Child and Family Law, Edinburgh

Three funded workshops celebrating the work of the Scottish Parliament in the field of Child and Family Law. I co-organised and co-chaired each of the three day-long workshops.

From 'Theybies' to Trans Youth': Article 5 of the UNCRC and Childhood Gender Variance (2019)
Presentation / Conference
Barnes Macfarlane, L. (2019, July). From 'Theybies' to Trans Youth': Article 5 of the UNCRC and Childhood Gender Variance. Paper presented at University of Cambridge Convention on the Rights of the Child colloquium 2019

This paper critically evaluates the treatment of trans and gender varied children and parents by family courts. A comparative analysis of UK, American and Canadian judgments is presented.

Scottish Government Consultation Response: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy (2018)
Other
Barnes Macfarlane, L. (2018). Scottish Government Consultation Response: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy

Response to the Scottish Government Consultation: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy. Response 687675062 by Dr Lesley-Anne Barnes Macfarlane, Edinburgh Napier University (Ch... Read More about Scottish Government Consultation Response: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy.

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.