SA v DA & Anor [2013] ScotCS CSIH_7 (13 February 2013)

SA v DA & Anor [2013] ScotCS CSIH_7 (13 February 2013)

The sheriff was entitled to recall the contact order based on credible and reliable evidence that the father had touched the child in a sexually inappropriate way on more than one occasion, having properly assessed the hearsay evidence, expert opinion, and all relevant circumstances, and having applied the statutory welfare test without error.

Citation
[2013] ScotCS CSIH_7
Parties
Pursuer and Appellant: SA; Defender and Respondent: DA; Curator Ad Litem: Marion Foy
Jurisdiction
Scotland
Judgment Date
13 February 2013
Procedural Posture
Civil Appeal (family Law Contact Order) / Appeal From Sheriff's Recall of Contact Order After Proof
Outcome
appeal refused; sheriff's interlocutor adhered to
Legal Topics
Contact Orders, Child Sexual Abuse Allegations, Hearsay Evidence, Standard of Proof, Welfare of the Child
Family Law Child Protection Contact Orders Child Sexual Abuse Allegations Hearsay Evidence Standard of Proof Welfare of the Child

Case Brief

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Parties

SA

Pursuer and Appellant

DA

Defender and Respondent

Marion Foy

Curator Ad Litem

Procedural Posture

Civil Appeal (family Law Contact Order) / Appeal From Sheriff's Recall of Contact Order After Proof

Legal Issues

  1. 1 Whether the sheriff erred in recalling the father's contact order based on allegations of sexual abuse
  2. 2 Whether the sheriff properly assessed the reliability of hearsay evidence from the child
  3. 3 Whether the sheriff failed to consider proportionality and alternative supervised contact

Ratio Decidendi

The sheriff was entitled to recall the contact order based on credible and reliable evidence that the father had touched the child in a sexually inappropriate way on more than one occasion, having properly assessed the hearsay evidence, expert opinion, and all relevant circumstances, and having applied the statutory welfare test without error.

Court Disposition

appeal refused; sheriff's interlocutor adhered to

Orders

  • Contact order in favour of the father recalled; no resumption of contact between father and child