Incapacity (Scotland) Act 2000 - Application in te
This is an application pursuant to the Adults with Incapacity (Scotland) Act 2000 S.57. The Pursuer is Fife Council. The Pursuers sought the appointment of its Chief Social Work Officer as Guardian to X, with power in relation to his personal welfare. The Application was opposed by the Adult. Section 57(2) provides:- "Where is appears to the local authority that -(a) the conditions mentioned in section 58(1)(a) and (b) apply to the adult (b) no application has been made or is likely to be made f ...
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A Father's Hague Convention application for children to be returned to Australia was allowed despite a strong welfare case for permitting the Mother to return to the UK with the children. The court held that the proper solution was for the children to be returned so that the Australian court could reconsider the position on the application of the Mother.
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in ancillary relief proceedings, when deciding whether to order a non-party to produce documents, there was neither need nor room to limit the documents to those which the applicant could prove to exist. The court has a quasi-inquisitorial role stemming from s.25 of the MCA 1973 could not be fettered by s.2 (4) (a) of the Evidence (Proceedings in Other Jurisdicitons) ActIt 1975.
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A husband's appeal against an order in ancillary relief which divided capital £440,000 to the wife and £35,000 to the husband was allowed to the extent of ordering a division of 80:20 in the wife's favour (giving the husband £95,000) on the basis that too much weight had been put on the wife's need and too little on the husband's. The court held that the better course was to approach the division of assets by proportions.
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The court declined the invitation of a NYAS case worker and other professionals to make a direction that a s.37 report be made on the condition that the father permitted a child psychiatrist to see the boys in question and assess their views in relation to their mother and contact with her.
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A father's appeal against the dismissal of his application for contact was dismissed.
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In giving directions the court commented on the approach in CA 1989 public law proceedings to expert evidence and the roles of the court and expert. Re O and N [2003] 2 All ER 305 and Re H [1996] 1 All ER 1 considered. It was stated that: a court was able to reach a conclusion as to cause of death and injury that was different to, or did not accord with, the conclusion reached by the medical experts as to what they considered was more likely than not to be the cause, having regard to the existen ...
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The sheriff at first instance found the Appellant to be the natural father of a child (Joshua Robert Duryea born 1 December 2000). The Sheriff made an
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The applicant a Ghanaian citizen was on the evidence held to be 17 and had therefore validly been made the subject of a wardship order. The court had before it an assessment of the applicant's age as being 20 to 22 years old however it was felt unable to accept its conclusion.
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It was held that although a judge had been entitled to make an order under s.91(14) CA 1989 imposing the requirement that a mother must obtain the leave of the court before making any further applications for residence of the child it had not been proportionate to impose an order without time - limit. A three year time limit was therefore imposed.
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