CO against TL (Sheriff Appeal Court Civil) [2025] SACCIV 20 (17 July 2025)

CO against TL (Sheriff Appeal Court Civil) [2025] SACCIV 20 (17 July 2025)

The sheriff made a holistic assessment of the child's welfare, properly applied section 11 of the Children (Scotland) Act 1995, considered the child's views, parental cooperation, and support networks, and was entitled to make findings regarding accommodation and schooling in Denmark. No findings in fact were challenged and the appeal failed to establish any error of law or fact. The sheriff's decision to grant a residence order for the child to live with the respondent in Denmark was justified and proportionate.

Citation
[2025] SACCIV 20
Parties
Pursuer and Appellant: CO; Defender and Respondent: TL
Jurisdiction
Scotland
Judgment Date
17 July 2025
Procedural Posture
Family Law Appeal / Appeal From Sheriff's Judgment
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Residence Order, Specific Issue Order, Child Relocation, Hague Convention, Section 11 Children (scotland) Act 1995, Article 8 ECHR
Family Law Child Welfare International Child Abduction Residence Order Specific Issue Order Child Relocation Hague Convention Section 11 Children (scotland) Act 1995 +1 more

Case Brief

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Parties

CO

Pursuer and Appellant

TL

Defender and Respondent

Procedural Posture

Family Law Appeal / Appeal From Sheriff's Judgment

Legal Issues

  1. 1 Whether the sheriff erred in law by conflating Hague Convention principles with section 11 Children (Scotland) Act 1995
  2. 2 Whether the sheriff failed to properly assess the status quo and impact of residence inversion on the child's welfare
  3. 3 Whether the sheriff's decision was compliant with Article 8 ECHR

Ratio Decidendi

The sheriff made a holistic assessment of the child's welfare, properly applied section 11 of the Children (Scotland) Act 1995, considered the child's views, parental cooperation, and support networks, and was entitled to make findings regarding accommodation and schooling in Denmark. No findings in fact were challenged and the appeal failed to establish any error of law or fact. The sheriff's decision to grant a residence order for the child to live with the respondent in Denmark was justified and proportionate.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Residence order for O to reside with respondent in Denmark
  • Specific issue order permitting respondent to move O to Denmark