K.A. v. K.S. [2014] ScotSC 45 (15 April 2014)

K.A. v. K.S. [2014] ScotSC 45 (15 April 2014)

The sheriff failed to properly consider and articulate the best interests of the child in deciding to reinstate contact, did not conduct the required balancing exercise, and did not adequately address the statutory requirements. Therefore, the sheriff's decision was set aside and the contact order refused.

Citation
[2014] ScotSC 45
Parties
Pursuer: KA; Defender: KS
Jurisdiction
Scotland
Judgment Date
15 April 2014
Procedural Posture
Family Law Appeal / Appeal From Sheriff's Decision After Proof
Outcome
Appeal allowed; sheriff's decision reversed; contact order refused.
Legal Topics
Child Contact, Best Interests of the Child, Appeal Procedure
Family Law Child Contact Best Interests of the Child Appeal Procedure

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

KA

Pursuer

KS

Defender

Procedural Posture

Family Law Appeal / Appeal From Sheriff's Decision After Proof

Legal Issues

  1. 1 Whether the sheriff erred in finding that reinstatement of contact with the pursuer was in the best interests of the child
  2. 2 Whether the sheriff failed to properly consider the statutory requirements under section 11 of the Children (Scotland) Act 1995
  3. 3 Whether the sheriff failed to conduct a proper balancing exercise regarding the child's welfare

Ratio Decidendi

The sheriff failed to properly consider and articulate the best interests of the child in deciding to reinstate contact, did not conduct the required balancing exercise, and did not adequately address the statutory requirements. Therefore, the sheriff's decision was set aside and the contact order refused.

Court Disposition

Appeal allowed; sheriff's decision reversed; contact order refused.

Orders

  • Deletes the sheriff's finding in fact and law and substitutes that reinstatement of contact is not in the best interests of the child.
  • Recalls the sheriff's interlocutor dated 7 August 2013.