Robertson v. Baxter [2002] ScotSC 200 (22 October 2002)

Robertson v. Baxter [2002] ScotSC 200 (22 October 2002)

Sheriff has authority under Rule 95 to grant interim residence order despite pending appeal, and it is in child's best interests to vary the existing interim custody order to reflect current circumstances.

Citation
[2002] ScotSC 200
Parties
Pursuer: Graeme Alan Robertson; Defender: Patricia Helen Honeyman Baxter
Jurisdiction
Scotland
Judgment Date
22 October 2002
Procedural Posture
Family Law Child Residence / Motion for Interim Residence Order
Outcome
interim residence order granted; proceedings sisted
Legal Topics
Child Residence, Interim Orders, Variation of Custody, Appeals Procedure
Family Law Child Residence Interim Orders Variation of Custody Appeals Procedure

Case Brief

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Parties

Graeme Alan Robertson

Pursuer

Patricia Helen Honeyman Baxter

Defender

Procedural Posture

Family Law Child Residence / Motion for Interim Residence Order

Legal Issues

  1. 1 Competency of motion for interim residence order
  2. 2 Authority of sheriff to grant interim order during pending appeal
  3. 3 Necessity of residence order given status quo

Ratio Decidendi

Sheriff has authority under Rule 95 to grant interim residence order despite pending appeal, and it is in child's best interests to vary the existing interim custody order to reflect current circumstances.

Court Disposition

interim residence order granted; proceedings sisted

Orders

  • Interim residence order in favour of defender
  • Proceedings sisted as requested by defender