APPEAL BY B IN A v A [2020] ScotSAC Civ 9 (17 July 2020)

APPEAL BY B IN A v A [2020] ScotSAC Civ 9 (17 July 2020)

The court held that the sheriff erred in law and that the welfare of the child required the sheriff's decision to be set aside.

Source-derived case information.

Citation
[2020] ScotSAC Civ 9
Parties
Appellant: B in A; Respondent: A
Jurisdiction
Scotland
Judgment Date
17 July 2020
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal allowed
Legal Topics
Appeal Procedure, Child Welfare
Family Law Appeal Procedure Child Welfare

Source-derived case record

Summary, issues, holding and outcome

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Parties

B in A

Appellant

A

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the sheriff erred in law in making orders regarding the welfare of a child
  2. 2 Whether the appeal should be allowed and the sheriff's decision set aside

Ratio Decidendi

The court held that the sheriff erred in law and that the welfare of the child required the sheriff's decision to be set aside.

Court Disposition

appeal allowed

Orders

  • sheriff's decision set aside