Glasgow City Council v TH Or M & Anor [1999] ScotCS 46 (12 February 1999)

Glasgow City Council v TH Or M & Anor [1999] ScotCS 46 (12 February 1999)

There is no principled basis for restricting the admissibility of evidence regarding the second respondent's relationship and contact with the children to the period after he became a relevant person. The whole circumstances, including events prior to 13 December 1996, may be relevant to the statutory tests under section 86(2)(b)(ii) and (iii). The sheriff's interlocutor restricting proof is inappropriate and must be recalled.

Citation
[1999] ScotCS 46
Parties
Applicant and Appellant: Glasgow City Council; First Respondent: T H or M; Second Respondent: F M
Jurisdiction
Scotland
Judgment Date
12 February 1999
Procedural Posture
Appeal / Appeal From Sheriff's Interlocutor on Restriction of Proof
Outcome
appeal allowed in part
Legal Topics
Parental Responsibilities Order, Relevancy of Evidence, Restriction of Proof, Children (scotland) Act 1995
Family Law Child Law Parental Responsibilities Order Relevancy of Evidence Restriction of Proof Children (scotland) Act 1995

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 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Glasgow City Council

Applicant and Appellant

T H or M

First Respondent

F M

Second Respondent

Procedural Posture

Appeal / Appeal From Sheriff's Interlocutor on Restriction of Proof

Legal Issues

  1. 1 Whether the sheriff erred in restricting proof regarding the second respondent's relationship and contact with the children to the period after 13 December 1996.
  2. 2 Whether evidence prior to the date the second respondent became a 'relevant person' under section 86 of the Children (Scotland) Act 1995 is admissible for determining persistent failure to fulfil parental responsibilities or unreasonable withholding of agreement.

Ratio Decidendi

There is no principled basis for restricting the admissibility of evidence regarding the second respondent's relationship and contact with the children to the period after he became a relevant person. The whole circumstances, including events prior to 13 December 1996, may be relevant to the statutory tests under section 86(2)(b)(ii) and (iii). The sheriff's interlocutor restricting proof is inappropriate and must be recalled.

Court Disposition

appeal allowed in part

Orders

  • Sheriff's interlocutor restricting proof in the case of the second respondent is recalled.