NJDB v JEG [2010] ScotCS CSIH_83 (22 October 2010)

NJDB v JEG [2010] ScotCS CSIH_83 (22 October 2010)

The sheriff was entitled to conclude, based on unchallenged findings of fact, that contact between the pursuer and the child [S] was not consistent with the child's welfare or best interests at the time of judgment. The criticisms of judicial conduct and failure to address the core issue are unfounded.

Citation
[2010] ScotCS CSIH_83
Parties
Pursuer and Appellant: NJDB; Defender and Respondent: JEG; Third Party Minuter and Respondent: John Noel James Andrew
Jurisdiction
Scotland
Judgment Date
22 October 2010
Procedural Posture
Appeal / Post Trial Appellate Review
Outcome
Appeal refused; interlocutor varied and affirmed
Legal Topics
Child Contact, Parental Rights, Welfare of the Child
Family Law Child Contact Parental Rights Welfare of the Child

Case Brief

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Parties

NJDB

Pursuer and Appellant

JEG

Defender and Respondent

John Noel James Andrew

Third Party Minuter and Respondent

Procedural Posture

Appeal / Post Trial Appellate Review

Legal Issues

  1. 1 Whether contact between pursuer and child [S] is consistent with child's welfare
  2. 2 Whether sheriff acted judicially and addressed the core issue

Ratio Decidendi

The sheriff was entitled to conclude, based on unchallenged findings of fact, that contact between the pursuer and the child [S] was not consistent with the child's welfare or best interests at the time of judgment. The criticisms of judicial conduct and failure to address the core issue are unfounded.

Court Disposition

Appeal refused; interlocutor varied and affirmed

Orders

  • Vary the sheriff's interlocutor dated 22 January 2010 by substituting 'varies' for 'recalls' and 'to the extent of withdrawing' for 'and withdraws'
  • Affirm the sheriff's interlocutor quoad ultra