JUDGMENT BY SHERIFF PRINCIPAL MHAIRI STEPHEN IN THE APPEAL BY P.K. IN THE CAUSE J.M. AGAINST P.K. [2014] ScotSC 64 (15 July 2014)

JUDGMENT BY SHERIFF PRINCIPAL MHAIRI STEPHEN IN THE APPEAL BY P.K. IN THE CAUSE J.M. AGAINST P.K. [2014] ScotSC 64 (15 July 2014)

The sheriff applied the correct statutory welfare test under section 11(7)(a) of the Children (Scotland) Act 1995, properly considered the evidence, and did not impose an improper burden of proof or fail to comply with Article 8 ECHR; the appeal is refused as there was no material error of law or approach.

Citation
[2014] ScotSC 64
Parties
Pursuer and Respondent: J. M.; Defender and Appellant: P. K.
Jurisdiction
Scotland
Judgment Date
15 July 2014
Procedural Posture
Family Law Appeal / Appeal From Sheriff's Interlocutor
Outcome
appeal refused
Legal Topics
Child Contact, Parental Rights and Responsibilities, Burden of Proof, Article 8 ECHR, Necessity Test
Family Law Child Welfare Child Contact Parental Rights and Responsibilities Burden of Proof Article 8 ECHR Necessity Test

Case Brief

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Parties

J. M.

Pursuer and Respondent

P. K.

Defender and Appellant

Procedural Posture

Family Law Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the sheriff erred in law by imposing an evidential burden on the appellant in a child contact case
  2. 2 Whether the sheriff failed to apply the 'necessity test' under Article 8 ECHR when refusing contact
  3. 3 Whether there was sufficient evidence for certain findings in fact

Ratio Decidendi

The sheriff applied the correct statutory welfare test under section 11(7)(a) of the Children (Scotland) Act 1995, properly considered the evidence, and did not impose an improper burden of proof or fail to comply with Article 8 ECHR; the appeal is refused as there was no material error of law or approach.

Court Disposition

appeal refused

Orders

  • appeal refused
  • sheriff’s interlocutor of 27 February 2014 adhered to