SP v LS [2001] ScotCS 141 (1 June 2001)

SP v LS [2001] ScotCS 141 (1 June 2001)

The Sheriff's findings regarding repeated incidents of sexual excitement in the child's presence, interpreted as intentional and posing unacceptable risk of sexual harm, justified refusal of access. The Sheriff applied the correct legal test and exercised discretion reasonably; refusal of access was appropriate given the circumstances.

Citation
[2001] ScotCS 141
Parties
Pursuer and Respondent: S. P; Defender and Appellant: L. S
Jurisdiction
Scotland
Judgment Date
01 June 2001
Procedural Posture
Family Law Appeal / Appeal From Sheriff Principal to Court of Session
Outcome
appeal refused
Legal Topics
Child Custody, Child Access, Welfare of the Child, Sexual Risk Assessment
Family Law Child Custody Child Access Welfare of the Child Sexual Risk Assessment

Case Brief

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Parties

S. P

Pursuer and Respondent

L. S

Defender and Appellant

Procedural Posture

Family Law Appeal / Appeal From Sheriff Principal to Court of Session

Legal Issues

  1. 1 Whether the Sheriff erred in refusing access to the defender based on risk to the child's welfare
  2. 2 Whether the Sheriff's findings-in-fact justified refusal of access
  3. 3 Appropriateness of permanent refusal of access

Ratio Decidendi

The Sheriff's findings regarding repeated incidents of sexual excitement in the child's presence, interpreted as intentional and posing unacceptable risk of sexual harm, justified refusal of access. The Sheriff applied the correct legal test and exercised discretion reasonably; refusal of access was appropriate given the circumstances.

Court Disposition

appeal refused

Orders

  • affirmation of interlocutors of Sheriff and Sheriff Principal
  • remit cause back to Sheriff Court