S v M [2024] ScotSAC Civ 1 (05 Janurary 2024)
- Citation
- [2024] ScotSAC Civ 1
- Status
- Judgment
- Jurisdiction
- Scotland
- Posture
- Family Law Appeal / Appeal Judgment
More details
- Posture
- Family Law Appeal / Appeal Judgment
On this page
Professional case brief
Research organized from the available case record
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
AppellantM
Respondent03
Procedural history
Posture
Family Law Appeal / Appeal Judgment
04
Questions and positions
Legal issues
- 01
Whether the sheriff erred in law in determining the child's residence and contact arrangements
- 02
Whether the welfare of the child was properly considered
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
Legal principles
- 01
Children (Scotland) Act 1995, section 11
The welfare of the child is the paramount consideration in all decisions relating to residence and contact.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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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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