C.C. v. S.N. [2006] ScotCS CSIH_29 (30 May 2006)

C.C. v. S.N. [2006] ScotCS CSIH_29 (30 May 2006)

The sheriff was entitled to refuse supervised contact based on findings of exposure to sexualised behaviour, and the pursuer was not deprived of the opportunity to lead evidence on the child's best interests; the appeal is not well founded.

Citation
[2006] ScotCS CSIH_29
Parties
Pursuer and Appellant: C. C.; Defender and Respondent: S. N.
Jurisdiction
Scotland
Judgment Date
30 May 2006
Procedural Posture
Appeal / Final Judgment on Appeal Against Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Parental Responsibilities and Rights, Child Contact, Sexual Abuse Allegations, Best Interests of the Child
Family Law Child Welfare Parental Responsibilities and Rights Child Contact Sexual Abuse Allegations Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

C. C.

Pursuer and Appellant

S. N.

Defender and Respondent

Procedural Posture

Appeal / Final Judgment on Appeal Against Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the sheriff erred in refusing supervised contact between pursuer and child
  2. 2 Whether the sheriff's findings precluded supervised contact
  3. 3 Whether the pursuer was deprived of opportunity to lead evidence on supervised contact

Ratio Decidendi

The sheriff was entitled to refuse supervised contact based on findings of exposure to sexualised behaviour, and the pursuer was not deprived of the opportunity to lead evidence on the child's best interests; the appeal is not well founded.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Appeal refused
  • Sheriff's interlocutor of 3 February 2005 adhered to