SM v. CM [2011] ScotSC 5 (13 January 2011)

SM v. CM [2011] ScotSC 5 (13 January 2011)

The Sheriff did not err in law in his general approach; the welfare of the children was treated as the paramount consideration. The Sheriff's findings, though not ideally structured, were sufficient to support the conclusion that relocation with the mother was in the best interests of the children, given the overall family circumstances and the likelihood of continued contact. The appeal is refused.

Citation
[2011] ScotSC 5
Parties
Pursuer and Appellant: S. M.; Defender and Respondent: C. M.
Jurisdiction
Scotland
Judgment Date
13 January 2011
Procedural Posture
Family Law Appeal / Appeal From Sheriff Court Interlocutor Dated 1 June 2010
Outcome
Appeal refused; Sheriff's interlocutor of 1 June 2010 adhered to.
Legal Topics
Residence Order, Specific Issue Order, Relocation of Children, Welfare of the Child, Contact Arrangements
Family Law Child Law Residence Order Specific Issue Order Relocation of Children Welfare of the Child Contact Arrangements

Case Brief

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Parties

S. M.

Pursuer and Appellant

C. M.

Defender and Respondent

Procedural Posture

Family Law Appeal / Appeal From Sheriff Court Interlocutor Dated 1 June 2010

Legal Issues

  1. 1 Whether the Sheriff erred in law by failing to apply the welfare test as the paramount consideration in granting a specific issue order allowing the respondent to relocate with the children to England
  2. 2 Whether the Sheriff's findings were adequate regarding the sustainability of contact between the appellant and the children if relocation was permitted
  3. 3 Whether the move was in the best interests of the children, particularly considering the needs of a child with special educational requirements

Ratio Decidendi

The Sheriff did not err in law in his general approach; the welfare of the children was treated as the paramount consideration. The Sheriff's findings, though not ideally structured, were sufficient to support the conclusion that relocation with the mother was in the best interests of the children, given the overall family circumstances and the likelihood of continued contact. The appeal is refused.

Court Disposition

Appeal refused; Sheriff's interlocutor of 1 June 2010 adhered to.

Orders

  • Reserves all questions of expenses.
  • Appoints parties to be heard on further orders regarding contact on a date to be afterwards determined.