ACS AGAINST ARA [2015] ScotSC 30 (14 April 2015)

ACS AGAINST ARA [2015] ScotSC 30 (14 April 2015)

The mere passage of time between proof and judgment does not vitiate the sheriff's decision where no material change in circumstances is shown; the sheriff complied with statutory duties regarding the child's views; the sheriff's findings and assessment of evidence were not challenged on appeal and no error of law or procedural irregularity was established.

Citation
[2015] ScotSC 30
Parties
Pursuer: ACS; Defender: ARA
Jurisdiction
Scotland
Judgment Date
14 April 2015
Procedural Posture
Family Action (parental Rights and Contact) / Appeal From Sheriff's Decision After Proof
Outcome
Appeal refused; sheriff's interlocutor adhered to; no expenses due to or by either party.
Legal Topics
Parental Rights and Responsibilities, Child Contact, Delay in Judgment, Child's Views in Proceedings
Family Law Child Law Parental Rights and Responsibilities Child Contact Delay in Judgment Child's Views in Proceedings

Case Brief

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Parties

ACS

Pursuer

ARA

Defender

Procedural Posture

Family Action (parental Rights and Contact) / Appeal From Sheriff's Decision After Proof

Legal Issues

  1. 1 Whether delay between proof and judgment vitiated the sheriff's decision
  2. 2 Whether the sheriff failed to properly ascertain and consider the child's views
  3. 3 Whether the sheriff erred in refusing parental rights and contact to the pursuer

Ratio Decidendi

The mere passage of time between proof and judgment does not vitiate the sheriff's decision where no material change in circumstances is shown; the sheriff complied with statutory duties regarding the child's views; the sheriff's findings and assessment of evidence were not challenged on appeal and no error of law or procedural irregularity was established.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; no expenses due to or by either party.

Orders

  • Refusal of appeal
  • Adherence to sheriff’s interlocutor dated 19 August 2014