Pearson (AP) v Carrick Or Pearson (AP) [1999] ScotCS 225 (23 September 1999)

Pearson (AP) v Carrick Or Pearson (AP) [1999] ScotCS 225 (23 September 1999)

The Sheriff failed to consider substantial, unchallenged evidence of the appellant's persistent and serious alcoholism, rendering his findings on the appellant's fitness for access unsound. The Sheriff Principal was entitled and obliged to revise the findings and deny access in the best interests of the children.

Citation
[1999] ScotCS 225
Parties
Pursuer and Appellant: John Hood Pearson; Defender and Respondent: Lynn Mary Margaret Carrick or Pearson
Jurisdiction
Scotland
Judgment Date
23 September 1999
Procedural Posture
Appeal From Sheriffdom (family Law Access to Children) / Appeal Judgment From Sheriff Principal's Interlocutor
Outcome
Appeal refused; Sheriff Principal's interlocutor affirmed with minor variation.
Legal Topics
Child Access, Parental Rights, Alcoholism and Parental Fitness, Appellate Review of Fact Finding
Family Law Child Welfare Child Access Parental Rights Alcoholism and Parental Fitness Appellate Review of Fact Finding

Case Brief

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Parties

John Hood Pearson

Pursuer and Appellant

Lynn Mary Margaret Carrick or Pearson

Defender and Respondent

Procedural Posture

Appeal From Sheriffdom (family Law Access to Children) / Appeal Judgment From Sheriff Principal's Interlocutor

Legal Issues

  1. 1 Whether the Sheriff Principal was entitled to overturn the Sheriff's findings regarding the appellant's fitness for access to his children in light of evidence of alcoholism
  2. 2 Whether the best interests of the children required denial of access to the appellant

Ratio Decidendi

The Sheriff failed to consider substantial, unchallenged evidence of the appellant's persistent and serious alcoholism, rendering his findings on the appellant's fitness for access unsound. The Sheriff Principal was entitled and obliged to revise the findings and deny access in the best interests of the children.

Court Disposition

Appeal refused; Sheriff Principal's interlocutor affirmed with minor variation.

Orders

  • Refusal of appeal by appellant
  • Variation of interlocutor to clarify date reference in findings