PL against SD (Sheriff Appeal Court Civil) [2024] SAC CIV 33 (19 July 2024)

PL against SD (Sheriff Appeal Court Civil) [2024] SAC CIV 33 (19 July 2024)

The sheriff applied the correct legal test by prioritising the best interests of the children, balancing the risk factors and the children's wishes, and providing for supervised video contact and indirect contact. The appeal failed to demonstrate any error in the sheriff's reasoning or that the decision was plainly wrong.

Citation
[2024] SAC CIV 33
Parties
Pursuer and Respondent: PL; Defender and Appellant: SD
Jurisdiction
Scotland
Judgment Date
19 July 2024
Procedural Posture
Family Law Appeal / Appeal From Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Child Contact, Best Interests of the Child, Parental Rights, Supervised Contact, Appeal Procedure
Family Law Child Law Child Contact Best Interests of the Child Parental Rights Supervised Contact Appeal Procedure

Case Brief

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Parties

PL

Pursuer and Respondent

SD

Defender and Appellant

Procedural Posture

Family Law Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the sheriff erred in granting direct video contact between a convicted sex offender parent and his children
  2. 2 Whether the sheriff gave insufficient weight to the convictions, defender's mental health, and risk to children

Ratio Decidendi

The sheriff applied the correct legal test by prioritising the best interests of the children, balancing the risk factors and the children's wishes, and providing for supervised video contact and indirect contact. The appeal failed to demonstrate any error in the sheriff's reasoning or that the decision was plainly wrong.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Monthly supervised video contact between pursuer and children
  • Quarterly letterbox contact and birthday card