Bell Or Dodds Or Thomson v Thomson (AP) [2000] ScotCS 163 (14 June 2000)

The sheriff correctly applied the test that the child's welfare is paramount and, based on evidence that the child did not want contact and her well-being improved after contact ceased, it was in her best interests to restrict contact to nil.

Citation: [2000] ScotCS 163
Parties: Pursuer and Respondent: Mrs. Angela Margaret Bell or Dodds or Thomson; Defender and Appellant: James Brown Thomson (A. P.)
Jurisdiction: Scotland
Judgment Date: 14 June 2000
Procedural Posture: Appeal / Appeal From Sheriff Court Interlocutor Dated 16 February 2000
Outcome: Appeal allowed in part; otherwise refused.
Legal Topics: Child Contact, Variation of Contact Order, Best Interests of the Child

Family Law Child Contact Variation of Contact Order Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Mrs. Angela Margaret Bell or Dodds or Thomson

Pursuer and Respondent

James Brown Thomson (A. P.)

Defender and Appellant

Procedural Posture

Appeal / Appeal From Sheriff Court Interlocutor Dated 16 February 2000

Legal Issues

1 Whether the sheriff applied the correct legal test in varying contact to nil
2 Whether the respondent discharged the onus to show contact was not in the child's best interests

Ratio Decidendi

Court Disposition

Appeal allowed in part; otherwise refused.

Orders

Delete the date 25 June in the sheriff's interlocutor of 16 February 2000 and substitute 31 May 1999
Quoad ultra, refuse the appeal