Murray v. Forsyth [1917] ScotLR 558 (20 July 1917)

Murray v. Forsyth [1917] ScotLR 558 (20 July 1917)

The Sheriff Court has jurisdiction under the Sheriff Courts (Scotland) Acts 1907 and 1913 to hear actions for the custody of children, including permanent custody, and such actions are competent unless and until the nature of the defence requires the matter to be remitted to the Court of Session, particularly where the best interests of the child are at issue.

Citation
[1917] ScotLR 558
Parties
Pursuer: Joseph Murray; Defender: David Forsyth
Jurisdiction
Scotland
Judgment Date
20 July 1917
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
interlocutor of the Sheriff-Substitute recalled; cause continued for further procedure
Legal Topics
Custody of Children, Jurisdiction of Sheriff Courts, Parent and Child, Statutory Interpretation
Family Law Civil Procedure Custody of Children Jurisdiction of Sheriff Courts Parent and Child Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Joseph Murray

Pursuer

David Forsyth

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the Sheriff Court has jurisdiction to determine actions for the permanent custody of children under the Sheriff Courts (Scotland) Acts 1907 and 1913
  2. 2 Whether such actions are competent in the Sheriff Court when the best interests of the child are raised

Ratio Decidendi

The Sheriff Court has jurisdiction under the Sheriff Courts (Scotland) Acts 1907 and 1913 to hear actions for the custody of children, including permanent custody, and such actions are competent unless and until the nature of the defence requires the matter to be remitted to the Court of Session, particularly where the best interests of the child are at issue.

Court Disposition

interlocutor of the Sheriff-Substitute recalled; cause continued for further procedure

Orders

  • The interlocutor of the Sheriff-Substitute is recalled.
  • The cause is continued for further procedure.