AB AND CD v LM [2019] ScotSAC Civ 19 (25 April 2019)

AB AND CD v LM [2019] ScotSAC Civ 19 (25 April 2019)

The Sheriff Appeal Court held that the sheriff had not erred in law and had properly applied the welfare principle, considering all relevant factors and the child's views.

Citation
[2019] ScotSAC Civ 19
Parties
Applicant: AB; Applicant: CD; Respondent: LM
Jurisdiction
Scotland
Judgment Date
25 April 2019
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Child Residence, Contact Orders
Family Law Child Residence Contact Orders

Case Brief

Summary, issues, holding and outcome

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Parties

AB

Applicant

CD

Applicant

LM

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff erred in granting a residence order in favour of the respondent
  2. 2 Whether the welfare of the child was properly considered

Ratio Decidendi

The Sheriff Appeal Court held that the sheriff had not erred in law and had properly applied the welfare principle, considering all relevant factors and the child's views.

Court Disposition

appeal dismissed

Orders

  • Residence order in favour of respondent affirmed
  • Contact arrangements as previously ordered remain in force