Scotland Judgment

S v M [2024] ScotSAC Civ 1 (05 Janurary 2024)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Sheriff Appeal Court held that the sheriff did not err in law and properly applied the statutory test, giving due consideration to the welfare of the child and the evidence presented.

Court disposition

appeal dismissed

Orders

  • The appeal is refused.
  • The sheriff's order regarding residence and contact is affirmed.

02

Material facts

Parties

S

Appellant

M

Respondent

03

Procedural history

  1. Posture

    Family Law Appeal / Appeal Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that the sheriff failed to give proper weight to the welfare of the child and erred in the assessment of the evidence regarding residence and contact.
Respondent
The respondent contended that the sheriff correctly applied the law and properly considered all relevant factors in determining the child's best interests.

05

Court’s reasoning

  1. 01

    Children (Scotland) Act 1995, section 11

    The welfare of the child is the paramount consideration in all decisions relating to residence and contact.

  2. 02

    Children (Scotland) Act 1995, section 11(7)(b)

    The court must have regard to the views of the child, taking account of the child's age and maturity.

06

Ratio, limits and disposition

Ratio decidendi

The Sheriff Appeal Court held that the sheriff did not err in law and properly applied the statutory test, giving due consideration to the welfare of the child and the evidence presented.

Court disposition

appeal dismissed

  • The appeal is refused.
  • The sheriff's order regarding residence and contact is affirmed.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2024] ScotSAC Civ 1

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BAILII >> Databases >> Sheriff Appeal Court (Civil) Opinions >> S v M [2024] ScotSAC Civ 1 (05 Janurary 2024) URL: https://www.bailii.org/scot/cases/ScotSAC/Civ/2024/1.html Cite as: 2024 Fam LR 44, [2024] SAC (Civ) 1, [2024] ScotSAC Civ 1, 2024 GWD 2-17, 2024 SLT (SAC) 1, 2024 SCLR 155 [ New search ] [ Printable PDF version ] [ Help ] S v M [2024] ScotSAC Civ 1 (05/01/2024) A HTML version of this file is not available click here or view below the pdf version : [2024] ScotSAC Civ 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/scot/cases/ScotSAC/Civ/2024/1.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Children (Scotland) Act 1995

Legislation

Legislation referenced in the available case record.

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