Donaldson v Arabia or Donaldson & Ors [2014] ScotCS CSIH_88 (28 October 2014)

Donaldson v Arabia or Donaldson & Ors [2014] ScotCS CSIH_88 (28 October 2014)

The interlocutor of 20 December 2013 was a final interlocutor, disposing of all substantive issues including residence, relocation, contact, and expenses. The appeal against the interlocutor of 10 June 2014 does not render the prior interlocutor susceptible to review. The sheriff did not err in law; he considered all relevant factors and LD's welfare, and the appellant did not raise affordability as an issue during proceedings.

Citation
[2014] ScotCS CSIH_88
Parties
Defender and Appellant: John Donaldson; Pursuer and Respondent: Silvia Erica Arabia or Donaldson; Curatrix Ad Litem: Fiona McKinnon, Curatrix ad Litem on behalf of LD
Jurisdiction
Scotland
Judgment Date
28 October 2014
Procedural Posture
Family Law Appeal / Appeal Against Sheriff's Interlocutor
Outcome
Appeal refused
Legal Topics
Child Relocation, Residence Order, Contact Order, Final Interlocutor, Appeal Procedure
Family Law Child Welfare Child Relocation Residence Order Contact Order Final Interlocutor Appeal Procedure

Case Brief

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Parties

John Donaldson

Defender and Appellant

Silvia Erica Arabia or Donaldson

Pursuer and Respondent

Fiona McKinnon, Curatrix ad Litem on behalf of LD

Curatrix Ad Litem

Procedural Posture

Family Law Appeal / Appeal Against Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the interlocutor of 20 December 2013 was a final interlocutor
  2. 2 Whether the interlocutor of 20 December 2013 is susceptible to review in the appeal against the interlocutor of 10 June 2014
  3. 3 Whether the sheriff erred in granting the relocation order without ensuring affordable contact

Ratio Decidendi

The interlocutor of 20 December 2013 was a final interlocutor, disposing of all substantive issues including residence, relocation, contact, and expenses. The appeal against the interlocutor of 10 June 2014 does not render the prior interlocutor susceptible to review. The sheriff did not err in law; he considered all relevant factors and LD's welfare, and the appellant did not raise affordability as an issue during proceedings.

Court Disposition

Appeal refused

Orders

  • Interlocutor pronounced refusing the appeal