LM against GR and Jacqueline Pringle (Sheriff Appeal Court Civil) [2024] SAC CIV 32 (18 July 2024)

LM against GR and Jacqueline Pringle (Sheriff Appeal Court Civil) [2024] SAC CIV 32 (18 July 2024)

The sheriff had sufficient evidence from recent reports and the child's views to determine residence without proof. Delay was detrimental to the child, and the defender's conduct, including non-attendance and refusal of contact except on his terms, did not support his position. There was no error of fact or law in awarding residence to the pursuer without proof.

Citation
[2024] SAC CIV 32
Parties
Pursuer and Respondent: LM; Defender and Appellant: GR; Curator Ad Litem: Jacqueline Pringle
Jurisdiction
Scotland
Judgment Date
18 July 2024
Procedural Posture
Family Law Child Residence Appeal / Appeal From Final Decree at Child Welfare Hearing
Outcome
Appeal refused
Legal Topics
Child Residence, Best Interests of the Child, Procedural Fairness, Delay in Proceedings
Family Law Child Residence Best Interests of the Child Procedural Fairness Delay in Proceedings

Case Brief

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Parties

LM

Pursuer and Respondent

GR

Defender and Appellant

Jacqueline Pringle

Curator Ad Litem

Procedural Posture

Family Law Child Residence Appeal / Appeal From Final Decree at Child Welfare Hearing

Legal Issues

  1. 1 Whether the sheriff erred in awarding residence without proof
  2. 2 Whether the sheriff failed to consider all relevant evidence
  3. 3 Whether the defender's Article 6 ECHR right to a fair trial was breached

Ratio Decidendi

The sheriff had sufficient evidence from recent reports and the child's views to determine residence without proof. Delay was detrimental to the child, and the defender's conduct, including non-attendance and refusal of contact except on his terms, did not support his position. There was no error of fact or law in awarding residence to the pursuer without proof.

Court Disposition

Appeal refused

Orders

  • Residence of the child awarded to the pursuer
  • No expenses awarded unless motion made within 14 days