Glasgow City Council v CM & Anor [2000] ScotCS 278 (8 November 2000)

Glasgow City Council v CM & Anor [2000] ScotCS 278 (8 November 2000)

Jurisdiction to entertain an application under section 86 of the Children (Scotland) Act 1995 is conferred on the sheriff in whose sheriffdom lies the area of the local authority making the application, not on the basis of the child's habitual residence or presence. The sheriff at Glasgow had jurisdiction in this case as the applicant authority was Glasgow City Council.

Citation
[2000] ScotCS 278
Parties
Applicant and Appellant: Glasgow City Council; First Respondent: C. M.; Second Respondent: C. M.
Jurisdiction
Scotland
Judgment Date
08 November 2000
Procedural Posture
Appeal From Sheriff Court Decision (child Law Parental Responsibilities Order) / Appellate Judgment on Jurisdiction
Outcome
Appeal allowed
Legal Topics
Parental Responsibilities Order, Jurisdiction of Sheriff Court, Children (scotland) Act 1995, Interpretation of Statutory Jurisdiction, Public Law Child Care Proceedings
Family Law Child Law Jurisdiction Parental Responsibilities Order Jurisdiction of Sheriff Court Children (scotland) Act 1995 Interpretation of Statutory Jurisdiction Public Law Child Care Proceedings

Case Brief

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Parties

Glasgow City Council

Applicant and Appellant

C. M.

First Respondent

C. M.

Second Respondent

Procedural Posture

Appeal From Sheriff Court Decision (child Law Parental Responsibilities Order) / Appellate Judgment on Jurisdiction

Legal Issues

  1. 1 Which sheriff court has jurisdiction to hear an application for a parental responsibilities order under section 86 of the Children (Scotland) Act 1995?
  2. 2 Does jurisdiction depend on the child's habitual residence, presence, or the location of the local authority?

Ratio Decidendi

Jurisdiction to entertain an application under section 86 of the Children (Scotland) Act 1995 is conferred on the sheriff in whose sheriffdom lies the area of the local authority making the application, not on the basis of the child's habitual residence or presence. The sheriff at Glasgow had jurisdiction in this case as the applicant authority was Glasgow City Council.

Court Disposition

Appeal allowed

Orders

  • Remit to the sheriff to hear the application