Glasgow father in landmark bid to access daughter

A FATHER denied access to his daughter by her mother has launched a legal bid which could have wide-ranging repercussions for family law in Scotland.

The man from Glasgow, who is only referred to as 'K', has taken his case to the Supreme Court in London, after he was excluded from a Children's Hearing to decide his daughter's future.

The Children's Hearing system, which is designed to settle cases of vulnerable or troubled youngsters in the interests of the child, does not generally recognise fathers who are neither married to nor living with the mother, as "relevant people".

As only relevant people are able to take part in the hearing, 'K' was forced to stay silent while strangers decided his daughter's fate.

He made his case to the Supreme Court on Wednesday and will receive a judgment in due course. Any decision made by the justices will not change Scottish law, but will clarify it and potentially cast it in new light.

Al Gordon, of Al Gordon family lawyers, in Glasgow, who has been acting for K, said an estimated half of all fathers in Scotland are not married to their children's mothers and, although those who live together are recognised by the Children's Hearing system, if they separate they could find that they are not. He added: "This is a pretty big issue in Scotland. I have spent a lot of time in court discussing what is an act of discrimination against unmarried fathers.

"My client has a proven track record of regular contact with his daughter. When his daughter was seriously ill, he was involved in medical discussions, yet a few years down the line he finds himself excluded from the Children's Hearing.

"The Children's Hearing could make very serious decisions, such as whether he is entitled to any contact, and he has no way of challenging that.

"Around half of fathers in Scotland are not married to their children's mothers, so this is potentially a very big issue.

"I've had a few cases like this, although this is the first to reach the Supreme Court."

There are cases where single, unmarried fathers are recognised as relevant people in the Children's Hearing system - when they have parental rights, which are either granted by the mother after the child is born, or through the courts.

However, many parents do not think to take such steps as long as their relationship is amicable. "Many people have either not heard of that or don't think it is necessary," Mr Gordon said.

Since 2006, fathers registered on the child's birth certificate are recognised as relevant people. However, those going through the Children's Hearing system now would have been born before that law came into effect.

Craig Pickering, chief executive officer of Families Need Fathers, said: "Our view of this is the reason why it is usually bad for the child (for the father to be excluded from their lives].

"There's an enormous body of evidence that shows children with two parents do better in life than those who have one - they do better in school, are more likely to be employed and have less chance of suffering a mental illness. While I can't comment on the individual case, I do find it odd that the father has been excluded in this way. I have not come across that before."

A Scottish Government spokesman said: "We do not comment on live cases. We will carefully consider the judgment of the Supreme Court once it has delivered its verdict."

So just who is a 'relevant person'?

This case could have major implications as the Children's Hearing bill currently proceeding through the Scottish Parliament seeks to examine the definition of "relevant person".

The Children's Hearing system is that it is a very intimate experience for children, parents and carers -with a great deal of personal information available to those attending the hearing, including complete strangers. For a child, the greater the number of adults in a room the more difficult the experience can be.

The problem stems from the fact that the Children (Scotland) Act 1995 failed to offer a precise enough definition of "relevant person". As a result there is greater flexibility, but this is possibly too wide. Fathers who do not have parental rights and responsibilities, and are not involved in regular care of the child, are not considered relevant people, whereas mothers are. Changes to the law will inform the bill and new legislation.

• Morag Driscoll is convener of the family law committee and director of the Scottish Family Law Centre.