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

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

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.

Source-derived case information.

Citation
[2024] ScotSAC Civ 1
Parties
Appellant: S; Respondent: M
Jurisdiction
Scotland
Judgment Date
22 May 2024
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Child Residence, Contact Orders, Welfare of the Child
Family Law Child Residence Contact Orders Welfare of the Child

Source-derived case record

Summary, issues, holding and outcome

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Parties

S

Appellant

M

Respondent

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff erred in law in determining the child's residence and contact arrangements
  2. 2 Whether the welfare of the child was properly considered

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

Orders

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