JM & Anor, Re [2015] ScotCS CSIH_54 (08 July 2015)

JM & Anor, Re [2015] ScotCS CSIH_54 (08 July 2015)

The sheriff erred in failing to properly balance the factors required to justify indefinite termination of contact between father and child, undervaluing the intrinsic benefit of the parent-child relationship and relying on slender grounds of future risk. The interference with family life required cogent justification, which was not established. The finding of contempt was procedurally unsound.

Citation
[2015] ScotCS CSIH_54
Parties
Pursuer and Respondent: JM; Defender and Appellant: PK
Jurisdiction
Scotland
Judgment Date
08 July 2015
Procedural Posture
Family Law Appeal / Appeal From Sheriff Principal to Court of Session
Outcome
Appeal allowed
Legal Topics
Child Contact, Parental Rights, Best Interests of the Child, Article 8 ECHR, Contempt of Court
Family Law Child Law Human Rights Child Contact Parental Rights Best Interests of the Child Article 8 ECHR Contempt of Court

Case Brief

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Parties

JM

Pursuer and Respondent

PK

Defender and Appellant

Procedural Posture

Family Law Appeal / Appeal From Sheriff Principal to Court of Session

Legal Issues

  1. 1 Whether refusal of contact between father and child was justified under section 11 of the Children (Scotland) Act 1995 and Article 8 ECHR
  2. 2 Whether the sheriff erred in requiring the defender to prove a discernable benefit to the child
  3. 3 Whether the sheriff's finding of contempt was procedurally sound

Ratio Decidendi

The sheriff erred in failing to properly balance the factors required to justify indefinite termination of contact between father and child, undervaluing the intrinsic benefit of the parent-child relationship and relying on slender grounds of future risk. The interference with family life required cogent justification, which was not established. The finding of contempt was procedurally unsound.

Court Disposition

Appeal allowed

Orders

  • Recall the interlocutor of the sheriff principal dated 8 July 2014
  • Recall the operative part of the sheriff’s interlocutor dated 27 February 2014 insofar as it refuses the defender’s crave for contact