H v H [2015] ScotCS CSIH_10 (30 January 2015)

H v H [2015] ScotCS CSIH_10 (30 January 2015)

The appeal was incompetent because the sheriff's order of 11 September 2013 was not a final judgment as defined by statute, and no leave to appeal was sought or granted. The subject-matter of the cause, including divorce and contact, remained outstanding. Even if the appeal were competent, there was no error in the sheriff's or Sheriff Principal's reasoning on the merits.

Citation
[2015] ScotCS CSIH_10
Parties
Pursuer and Appellant: H; Defender and Respondent: H
Jurisdiction
Scotland
Judgment Date
30 January 2015
Procedural Posture
Family Law Appeal / Appeal to Court of Session From Sheriff Principal
Outcome
Appeal refused; cause remitted to sheriff court.
Legal Topics
Residence Orders, Child Welfare, Appeal Competence, Contact Arrangements
Family Law Civil Procedure Residence Orders Child Welfare Appeal Competence Contact Arrangements

Case Brief

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Parties

H

Pursuer and Appellant

H

Defender and Respondent

Procedural Posture

Family Law Appeal / Appeal to Court of Session From Sheriff Principal

Legal Issues

  1. 1 Whether the appeal against the sheriff's interlocutor of 11 September 2013 was competent without leave
  2. 2 Whether the sheriff's order was a 'final judgment' under the Sheriff Courts (Scotland) Act 1907
  3. 3 Appropriateness of appellate review of residence and contact orders in child welfare cases

Ratio Decidendi

The appeal was incompetent because the sheriff's order of 11 September 2013 was not a final judgment as defined by statute, and no leave to appeal was sought or granted. The subject-matter of the cause, including divorce and contact, remained outstanding. Even if the appeal were competent, there was no error in the sheriff's or Sheriff Principal's reasoning on the merits.

Court Disposition

Appeal refused; cause remitted to sheriff court.

Orders

  • Remit to Aberdeen Sheriff Court for resolution of outstanding matters, particularly contact and divorce.
  • Continue questions relating to expenses, interim interdict, and children's passports.