JM, APPEAL BY v JW [2017] ScotSAC Civ 3 (9 January 2017)

The Sheriff Appeal Court held that the sheriff had not erred in law or in the exercise of discretion, and that the welfare of the child had been properly considered in refusing contact.

Citation: [2017] ScotSAC Civ 3
Parties: Appellant: JM; Respondent: JW
Jurisdiction: Scotland
Judgment Date: 09 January 2017
Procedural Posture: Family Law Appeal / Appeal
Outcome: appeal dismissed
Legal Topics: Contact Orders, Parental Rights, Appeal Procedure

Family Law Contact Orders Parental Rights Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Respondent

Procedural Posture

Family Law Appeal / Appeal

Legal Issues

1 Whether the sheriff erred in refusing contact between the appellant and the child
2 Whether the welfare of the child was properly considered

Ratio Decidendi

The Sheriff Appeal Court held that the sheriff had not erred in law or in the exercise of discretion, and that the welfare of the child had been properly considered in refusing contact.

Court Disposition

appeal dismissed

Orders

No order as to expenses