Craig v Glaser [2004] ScotSC 81 (07 December 2004)

Craig v Glaser [2004] ScotSC 81 (07 December 2004)

Although the sheriff's reasoning was flawed and might not have justified the interim residence order, the passage of time and the child's continued residence with the pursuer made it contrary to the child's welfare to reverse the order at this stage. The interim residence order should stand pending final reports and determination.

Citation
[2004] ScotSC 81
Parties
Pursuer and Respondent: David Craig; Defender and Appellant: Irina Glaser
Jurisdiction
Scotland
Judgment Date
07 December 2004
Procedural Posture
Family Law Child Residence and Interdict / Appeal Against Interim Residence Order and Interdict
Outcome
Appeal refused; interim residence order adhered to; expenses reserved.
Legal Topics
Interim Residence Orders, Interdicts, Jurisdiction in Child Cases, Parental Rights and Responsibilities, Welfare of the Child
Family Law Child Law Interim Residence Orders Interdicts Jurisdiction in Child Cases Parental Rights and Responsibilities Welfare of the Child

Case Brief

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Parties

David Craig

Pursuer and Respondent

Irina Glaser

Defender and Appellant

Procedural Posture

Family Law Child Residence and Interdict / Appeal Against Interim Residence Order and Interdict

Legal Issues

  1. 1 Whether the sheriff erred in granting an interim residence order in favour of the pursuer
  2. 2 Whether the sheriff failed to apply the correct legal principles, particularly the welfare of the child and minimum intervention
  3. 3 Whether the sheriff failed to consider relevant evidence and the status quo of the child's residence

Ratio Decidendi

Although the sheriff's reasoning was flawed and might not have justified the interim residence order, the passage of time and the child's continued residence with the pursuer made it contrary to the child's welfare to reverse the order at this stage. The interim residence order should stand pending final reports and determination.

Court Disposition

Appeal refused; interim residence order adhered to; expenses reserved.

Orders

  • Refuses the appeal and adheres to the interlocutor of the sheriff dated 27 August 2004, with deletions as specified.
  • Reserves the question of expenses of the appeal and appoints parties to be heard thereon.