NOTE (No.2) BY SHERIFF GEORGE JAMIESON IN THE CAUSE J D E v S D W [2014] ScotSC 86 (05 August 2014)

NOTE (No.2) BY SHERIFF GEORGE JAMIESON IN THE CAUSE J D E v S D W [2014] ScotSC 86 (05 August 2014)

The defender was in contempt of court because she wilfully refused to comply with contact orders, was aware of her duties, had no reasonable excuse, and her reliance on the advice of a social worker and the child's alleged distress did not meet the legal threshold for reasonable excuse.

Citation
[2014] ScotSC 86
Parties
Pursuer: J. D. E.; Defender: S. D. W.
Jurisdiction
Scotland
Judgment Date
05 August 2014
Procedural Posture
Contempt of Court (family Law/contact Order) / Post Proof, Sentencing/punishment for Contempt
Outcome
Defender found in contempt of court; punishment imposed but suspended on condition of compliance.
Legal Topics
Contact Orders, Parental Responsibilities and Rights, Enforcement of Court Orders, Reasonable Excuse in Contempt, Child Welfare Considerations
Family Law Contempt of Court Contact Orders Parental Responsibilities and Rights Enforcement of Court Orders Reasonable Excuse in Contempt Child Welfare Considerations

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Parties

J. D. E.

Pursuer

S. D. W.

Defender

Procedural Posture

Contempt of Court (family Law/contact Order) / Post Proof, Sentencing/punishment for Contempt

Legal Issues

  1. 1 Whether the defender was in contempt of court for failing to comply with contact orders
  2. 2 Whether the defender had a reasonable excuse for non-compliance with contact orders

Ratio Decidendi

The defender was in contempt of court because she wilfully refused to comply with contact orders, was aware of her duties, had no reasonable excuse, and her reliance on the advice of a social worker and the child's alleged distress did not meet the legal threshold for reasonable excuse.

Court Disposition

Defender found in contempt of court; punishment imposed but suspended on condition of compliance.

Orders

  • Warrant for imprisonment of the defender for 21 days, suspended on condition that contact is restored to the pursuer in terms of the court orders.
  • Pursuer's solicitor to enrol a motion before the warrant may be put into force.