McKerrow v. C (a child) [2005] ScotCS CSIH_91 (22 December 2005)

McKerrow v. C (a child) [2005] ScotCS CSIH_91 (22 December 2005)

The court determined that the previous decisions should be recalled and the matter remitted to the Sheriff Court for a fresh determination, as the issue of contact must be decided based on current circumstances and the sheriff's reasoning was open to valid criticism regarding the best interests of the child.

Citation
[2005] ScotCS CSIH_91
Parties
Pursuer and Appellant: Brian Junior McKerrow; Defender and Respondent: C (a child)
Jurisdiction
Scotland
Judgment Date
22 December 2005
Procedural Posture
Appeal / Opinion of the Court on Appeal From Sheriff Principal
Outcome
previous interlocutors recalled; matter remitted for fresh determination
Legal Topics
Child Contact, Best Interests of the Child, Procedural Fairness
Family Law Child Contact Best Interests of the Child Procedural Fairness

Case Brief

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Parties

Brian Junior McKerrow

Pursuer and Appellant

C (a child)

Defender and Respondent

Procedural Posture

Appeal / Opinion of the Court on Appeal From Sheriff Principal

Legal Issues

  1. 1 Whether the sheriff appropriately determined the best interests of the child
  2. 2 Whether the sheriff's reasoning was legally sound
  3. 3 Whether the appeal should be refused or the matter remitted for fresh determination

Ratio Decidendi

The court determined that the previous decisions should be recalled and the matter remitted to the Sheriff Court for a fresh determination, as the issue of contact must be decided based on current circumstances and the sheriff's reasoning was open to valid criticism regarding the best interests of the child.

Court Disposition

previous interlocutors recalled; matter remitted for fresh determination

Orders

  • Recall the interlocutors of the sheriff principal and the sheriff.
  • Remit the matter to the Sheriff Court at Glasgow for a new sheriff to determine afresh.