NJDB v JEG and another (Scotland)

NJDB v JEG and another (Scotland)

The sheriff applied the correct legal test by treating the welfare of the child as the paramount consideration and reasonably concluded that contact with the appellant was not in the child's best interests. No error of law was found in the sheriff's or Inner House's approach, and the appeal was dismissed.

Parties
Appellant: NJDB; First Respondent: JEG; Second Respondent: Second respondent (curator ad litem)
Jurisdiction
England and Wales
Judgment Date
23 May 2012
Procedural Posture
Family Law Appeal / Supreme Court Appeal From Inner House, Court of Session
Outcome
Appeal dismissed
Legal Topics
Contact Orders, Parental Rights and Responsibilities, Judicial Case Management, Role of Curator Ad Litem
Family Law Child Welfare Contact Orders Parental Rights and Responsibilities Judicial Case Management Role of Curator Ad Litem

Case Brief

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Parties

NJDB

Appellant

JEG

First Respondent

Second respondent (curator ad litem)

Second Respondent

Procedural Posture

Family Law Appeal / Supreme Court Appeal From Inner House, Court of Session

Legal Issues

  1. 1 Whether the sheriff applied the correct legal test under section 11(7)(a) of the Children (Scotland) Act 1995
  2. 2 Whether the sheriff's findings warranted the conclusion to withdraw contact
  3. 3 Whether the sheriff failed to act judicially and impartially

Ratio Decidendi

The sheriff applied the correct legal test by treating the welfare of the child as the paramount consideration and reasonably concluded that contact with the appellant was not in the child's best interests. No error of law was found in the sheriff's or Inner House's approach, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No contact between appellant and child S
  • Restoration of appellant’s parental rights and responsibilities as per Inner House