Appeal in the cause JM against KB and EH (Sheriff Appeal Court Civil) [2024] SACCIV 36 (01 August 2024)

The appeal is incompetent because the orders sought (residence and contact) can no longer be granted after the child reached the age of 16, at which point all relevant parental rights and responsibilities and court orders expired by operation of law.

Citation: [2024] SACCIV 36
Parties: Pursuer and First Respondent: JM; Defender and Appellant: KB; Third Party Minuter and Second Respondent: EH
Jurisdiction: Scotland
Judgment Date: 01 August 2024
Procedural Posture: Family Law Appeal / Appeal From Sheriff's Judgment on Residence and Contact Orders
Outcome: Appeal refused as incompetent
Legal Topics: Residence Orders, Contact Orders, Parental Rights and Responsibilities, Legal Capacity of Children, Appeal Competency

Family Law Child Law Residence Orders Contact Orders Parental Rights and Responsibilities Legal Capacity of Children Appeal Competency

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Pursuer and First Respondent

Defender and Appellant

Third Party Minuter and Second Respondent

Procedural Posture

Family Law Appeal / Appeal From Sheriff's Judgment on Residence and Contact Orders

Legal Issues

1 Whether the appeal is competent after the child attained age 16
2 Whether the sheriff's orders remain enforceable after the child turned 16
3 Whether the appellant is entitled to seek residence or contact orders post-16

Ratio Decidendi

Court Disposition

Appeal refused as incompetent

Orders

Appellant found liable to both respondents in the expenses of the appeal
Appeal sanctioned as suitable for employment of first respondent's solicitor advocate and second respondent's counsel