Year of Call: 2014
About Julian Aitken
Prior to calling at the bar, Julian was a solicitor in private practice for 18 years specialising in family and child law cases. He was an accredited specialist in child law from 2003. He has extensive knowledge of the civil and children’s legal aid regulations.
He regularly conducted multi day proofs addressing complex issues of fact such as paediatric medical evidence, sexual and physical abuse allegations and systematic neglect of children. He has considerable experience of acting for birth families in cases involving the removal of children into care and has a specialist interest in cases involving the impact of article 8 of the ECHR in compulsory care, adoption and permanence order proceedings.
He also has many years of experience in cases concerning financial provision on divorce, cohabitant’s claims, applications to relocate abroad with children and, recently, forced marriage.
Former committee member of the Family Law Association
Reporter to the Children’s Panel 2004 – 2007
M v M 2008 Fam L.R. 90(relocation of child abroad contrary to father’s consent)
City of Edinburgh Council, Petitioner (No1) 2010 Fam L.R. 89(2007 Act, interaction between the children’s hearing system and the court system in compulsory care cases)
City of Edinburgh Council, Petitioner (No2) 2010 Fam L.R.92 (Permanence Order, compatibility of the 2007 Act with Art.8 ECHR, devolution minute)
City of Edinburgh Council, Petitioner re the child IS 2011 Fam L.R. 83(2007 Act, power of the children’s hearing to reduce parental contact when permanence order pending before the court)
Midlothian Council, Petitioner re the child SC 2012 Fam L.R. 25(Permanence Order, jurisdiction)
City of Edinburgh Council, Petr re CC, 2012http://www.scotcourts.gov.uk/opinions/PO18_09.html (Appeal to Sheriff Principal, Permanence Order, Sheriff’s failure to consider relevant facts, Art.8 ECHR)
Harris v Harris 2013 Fam L.B. 122 (financial provision on divorce, ‘special circumstances’ relating to inherited funds)
As solicitor at first instance and before the Sheriff Principal. Thereafter, instructing agent in the Inner House
White v White 2001 S.C. 689(Leading Scots Law case on father’s contact with his child)
As solicitor at first instance and as instructing agent for the Inner House appeal
West Lothian Council v M 2002 S.C. 411(Freeing for adoption, parental contact, Human Rights)
Authority Reporter v S 2010 S.C. 531(Father’s right to attend a Children’s Hearing, parental contact, ECHR Arts. 6 & 8, incompatibility of legislation, devolution minute, reading down of legislation)
S v City of Edinburgh Council 2013 S.C.L.R. 534 (Permanence Order, ECHR Art. 8)
As instructing agent for the Outer House proof and the Inner House appeal
Midlothian Council v M  CSOH 63andMidlothian Council v M 2013 Fam L.R. 104(Permanence Order, proportionality of adoption as opposed to an order short of adoption; ECHR Art. 8)
“Capacity of Children: The Magic Number”Fam. L.B. 2013, 126(Nov), 2-4 – An article addressing the capacity of children to express views in proceedings concerning their welfare
“Harris v Harris”Fam. L.B. 2014, 127(Jan), 4-6 – An article considering the implications of the decision in Harris on the law concerning financial provision on divorce.