Grant v. White [2005] ScotCS CSIH_B24 (18 March 2005) (06 March 2001)

Grant v. White [2005] ScotCS CSIH_B24 (18 March 2005) (06 March 2001)

Section 11(7)(a) of the Children (Scotland) Act 1995 does not impose a legal onus on the parent seeking a contact order; the court must consider all relevant material and decide what is conducive to the child's welfare, applying the general principle that contact with a natural parent is normally beneficial, but the decision depends on the facts of each case.

Citation
[2005] ScotCS CSIH_B24
Parties
Pursuer and Respondent: Fiona Ann Grant or White; Defender and Minuter: James Lawrence White (A. P.)
Jurisdiction
Scotland
Judgment Date
18 March 2005
Procedural Posture
Appeal From Sheriff Principal's Decision in Family Law (contact Order) Proceedings / Appeal Judgment by Inner House, Court of Session
Outcome
Appeal allowed; Sheriff's decree restored
Legal Topics
Child Contact Orders, Parental Responsibilities and Rights, Welfare of the Child, Onus of Proof in Contact Applications, Interpretation of Children (scotland) Act 1995
Family Law Child Law Child Contact Orders Parental Responsibilities and Rights Welfare of the Child Onus of Proof in Contact Applications Interpretation of Children (scotland) Act 1995

Case Brief

Summary, issues, holding and outcome

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Parties

Fiona Ann Grant or White

Pursuer and Respondent

James Lawrence White (A. P.)

Defender and Minuter

Procedural Posture

Appeal From Sheriff Principal's Decision in Family Law (contact Order) Proceedings / Appeal Judgment by Inner House, Court of Session

Legal Issues

  1. 1 Whether the Sheriff Principal erred in holding that there was a legal onus on the parent seeking contact to prove it was in the child's best interests
  2. 2 Proper approach to Section 11(7)(a) of the Children (Scotland) Act 1995 regarding child welfare and contact orders
  3. 3 Whether the general principle that contact with a natural parent is beneficial should inform the court's decision

Ratio Decidendi

Section 11(7)(a) of the Children (Scotland) Act 1995 does not impose a legal onus on the parent seeking a contact order; the court must consider all relevant material and decide what is conducive to the child's welfare, applying the general principle that contact with a natural parent is normally beneficial, but the decision depends on the facts of each case.

Court Disposition

Appeal allowed; Sheriff's decree restored

Orders

  • Restoration of Sheriff's contact order permitting direct contact between the father and child V each alternate Saturday from 10 a.m. to 4.30 p.m.