PARLIAMENT HOUSE, PARLIAMENT SQUARE, EDINBURGH, EH1 1RF, SCOTLAND
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Ross Macfarlane
- Tel:
- Work +44 131 260 5697
- Email:
Position
RB v Highland Council 2007 FAMLR 115 (appeal to the Court of Session), education, additional support for learning, where a local authority had contributed financially to a child’s education, did this render the authority automatically ‘responsible’ for that child’s education in terms of the Education (Additional Support for Learning) (Scotland) Act 2004; H v H [2006] FamLR 59 (outer house and inner house of the Court of Session), international child abduction and withdrawal of consent to removal; City of Edinburgh Council v K and F [2006] FamLR 37, freeing for adoption, where the freeing order itself would enhance the prospects of adoption, and whether it is permissible to take this into account; Symanski v Symanski [2005] FamLR 6, evidence, failure to lead evidence, whether a sheriff can competently allow further evidence ex proprio motu; Symanski v Symanski (number two) [2005] FamLR 2 (Sheriff Principal, Edinburgh), divorce, where spouse has already ranked as a creditor in her husband’s sequestration, and whether she can then seek unequal division at the divorce stage; D v Irvine [2005] FamLR 94 (Sheriff Principal, Edinburgh), shaken baby, and whether assault despite the absence of mens rea; MM v North Lanarkshire Council [2005] FamLR 22, education, exclusion of child with special needs, competency; City of Edinburgh Council v W [2002], FamLR 67 (Sheriff Principal, Edinburgh), freeing for adoption, only reported successful Scottish challenge to freeing for adoption at appellate level in terms of Articles 6 and 8 of the European Convention on Human Rights.
Career
Qualified 1994; delivered numerous talks and lectures and provided training on legal topics from 1995 to date; founding editor, Green’s ‘Family Law Reports’, 1997 to date; convenor of the board of directors of the Scottish Child Law Centre, 1998-2001; member of the Scottish Executive Advisory Committee (voice of the child in legal proceedings) 1999-2001; elected member of the Council of the Faculty of Advocates 1999-2002; chairman, Faculty of Advocates sub-committee, draft legislation, additional support needs 2003; media spokesperson (child and family law), Faculty of Advocates 2003; chairman, Stepfamily Scotland 2004; accredited mediator, Mediation Forum Ireland 2006; lectured on education law at the University of Edinburgh, 2006; advocacy skills trainer, Faculty of Advocates (2006 to date); named by Chambers & Partners as ‘leader at the Scottish Bar 2009’ in child law.
Member
Child and Family Law Group; Faculty of Advocates; chairman of Stepfamily Scotland.
Education
University of Edinburgh (1990 LLB); University of Strathclyde (1991 diploma in legal practice); NITA/Faculty of Advocates (1994 diploma in trial advocacy); and NITA/Harvard (2006 diploma in advocacy training skills).
Practice Areas
Education; Family - children; Public inquiries