A.B. v. C.D. [2012] ScotSC 41 (22 March 2012)

A.B. v. C.D. [2012] ScotSC 41 (22 March 2012)

The Sheriff's decision to dismiss the defender's Minute to Vary and reduce contact to nil was a proper exercise of discretion, justified by the defender's repeated failures to attend hearings, provide instructions, and the clear, consistent, and reasoned views of the child opposing contact. The welfare of the child demanded expeditious resolution, and further delay would have caused unnecessary distress.

Citation
[2012] ScotSC 41
Parties
Pursuer and Respondent: A. B.; Defender, Minuter and Appellant: C. D.
Jurisdiction
Scotland
Judgment Date
22 March 2012
Procedural Posture
Family Law Child Contact/variation of Contact Order / Appeal From Interlocutor Dismissing Minute to Vary and Granting Counterclaim
Outcome
Appeal refused; Sheriff's interlocutor adhered to.
Legal Topics
Child Contact, Variation of Contact Order, Welfare of the Child, Appeal Procedure, Discretion of the Court
Family Law Child Contact Variation of Contact Order Welfare of the Child Appeal Procedure Discretion of the Court

Case Brief

Summary, issues, holding and outcome

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Parties

A. B.

Pursuer and Respondent

C. D.

Defender, Minuter and Appellant

Procedural Posture

Family Law Child Contact/variation of Contact Order / Appeal From Interlocutor Dismissing Minute to Vary and Granting Counterclaim

Legal Issues

  1. 1 Whether the Sheriff erred in dismissing the defender's Minute to Vary contact and reducing contact to nil without further proof
  2. 2 Whether the defender was deprived of a fair opportunity to present evidence
  3. 3 Whether the welfare of the child justified immediate termination of contact

Ratio Decidendi

The Sheriff's decision to dismiss the defender's Minute to Vary and reduce contact to nil was a proper exercise of discretion, justified by the defender's repeated failures to attend hearings, provide instructions, and the clear, consistent, and reasoned views of the child opposing contact. The welfare of the child demanded expeditious resolution, and further delay would have caused unnecessary distress.

Court Disposition

Appeal refused; Sheriff's interlocutor adhered to.

Orders

  • Defender, minuter and appellant found liable to the pursuer and respondent in the expenses of the appeal.
  • Account of expenses to be given in and remitted to the auditor of court to tax and report.