Application to Sheriff Court to grant an order under S.7(1) of the Adults with Incapacity (Scotland) Act 2000.
A solicitor was appointed by interlocuter of Court of Session to be curator bonis to an adult who was incapax. Three weeks after her appointment the Adults with Incapacity (Scotland) Act 2000 came into force and by virtue of the Act the solicitor became guardian of the adult with incapacity. The solicitor has now left the firm which she had been associated with at the time of the original order and a new solicitor from the same firm sought to replace her to manage the adults financial affairs. T ...
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The court allowed an appeal against a CSA liability order holding that a consent order stating that maintenance payments would be reduced by the amount of any CSA assessment and which provided for larger initial payments was intended to address arrears which had built up.
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The HL held that a judge was entitled to decide that it was beyond his jurisdiction to order a further period therapeutic treatment for a mother in care proceedings. A s.38(6) order could only be properly made if it was for a medical or psychiatric assessment of the child. It was not appropriate to use s.38(6) where in reality the focus of the work to be done is therapy or treatment aimed at bringing about a long term change in a parent’s capacity to parent.
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In a contact case a judge had misremembered the facts of a case and had developed a polarised view of the parties. He had minimised the significance of the domestic violence and failed to have regard to Re L the seminal authority on domestic violence. He failed to have regard to the reporting officer and the experts view as regards the effect the violence had upon the mother. His decision was flawed.
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A s.91 (14) order prohibited a Father from further contact applications was held to be appropriate although the Father had after seven years accepted responsibility for a serious assault on the Mother.
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The CA upheld a judge’s decision to allow a Father who was primary carer to emigrate with his new partner and the child to Australia. The mother who was not having direct contact with the child had argued that there was no evidence that the Father would be distressed by a refusal.
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Held that a couple stopped co-habiting for the purposes of Family Law (Scotland) Act 1985 ss.10 (3)(a), 27 when the husband ceased to stay overnight at the property. The court could not fix an exact date but gave a time bracket in which co-habitation ceased.
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The appellant as a party litigant has made wide ranging submissions but the main ground of appeal as discussed in this judgement relates to the distribution of matrimonial property.
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A judge hearing an application to discharge a care order under s.39 did not have the jurisdiction if he decided to discharge it to substitute an interim care order. S.39 (4) clearly defines and limits the courts jurisdiction such that a supervision order is the only order that can be substituted for a care order.
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A judge’s refusal to order shared residence because it would affect the issue of control and power between the parents was held to be unreasonable. The CA decided this was a classic case for shared residence which would reflect the reality of the situation.
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