Adults with Incapacity (Scotland) Act 2000
This was an application for an Intervention Order in the affairs of an adult, brought by his three adult children. The adult was 81 years old, and suffered from Alzheimer's Disease and unable to communicate. The adult's wife passed away on 2 February 2005. In August 2000, she had executed a will, appointing the three applicants as her executors. She had made no provision in the will in his favour, leaving her entire estate to be distributed equally amongst the three applicants. The application h ...
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Adults with Incapacity (Scotland) Act 2000
This was an application brought under the provisions of the Adults with Incapacity (Scotland) Act 2000 for powers relating to the welfare of Mrs YA to be granted to the Chief Social Worker of the Local Authority. YA was 45 years of age. She was suffering from cognitive impairment secondary to the onset of multiple sclerosis. She had severe communication difficulties, her condition was considered permanent, and she had lost capacity (as defined by the Act) as a result. The application here sought ...
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Proof - Matrimonial and Children (Scotland) Act 19
Here the pursuer sought inter alia (1) a divorce on the grounds of the defender's adultery (2) contact with his two children, Patrick, aged 8 and Grace, aged 4 and (3) interdict against the defender from removing the children furth from the sheriffdom. The defender sought inter alia (1) a divorce on the grounds of the pursuer's conduct (2) payment of a capital sum and (3) that the defender be granted a residence order in respect of the children and that they ought to be allowed to reside with he ...
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Held that final orders in care proceedings should not have been made where there was controversial evidence from professional bodies which needed to be tested since it could not be said such evidence would not affect the orders.
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An application for a protective costs order in respect of proceedings for a declaration of marital status under s.55 FLA 1986 was dismissed. The court took the view that the issues raised did not require resolution as a matter of general public importance. However a cap of £25,000 was placed on any sum, which could ultimately awarded to The Lord Chancellor on account of costs.
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Held that a judge's exercise of discretion in granting an ICO had been unsatisfactory but that in the circumstances it was not open to the court to set aside the order and substitute it's own discretion for that of the judge. The appeal was dismissed but directions given that the renewal of the ICO be heard by the designated family judge with liberty to other parties to make cross applications.
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A contempt of court hearing concerning a father said to have taken photographs of a CAFCASS officer was held to have been procedurally unfair in that there had been no written statement of contempt for the appellant to answer to.
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A grandmother with care of her granddaughter appealed a consent order on the grounds that she had not understood the proceedings or given her agreement. Her appeal was dismissed. Both parties had been represented and even if the court were satisfied of irregularity at the hearing it was in the child's best interests that the assessment of the Mother provided for by the consent order be carried out as soon as possible.
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Held that it was inappropriate to employ s.91(14) Children Act 1989 in ongoing proceedings. Further that an application under this section had to be issued in advance and supported by evidence.
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The non-biological mother of children who had been conceived in a same-sex partnership was granted primary care of these children. The biological mother had breached a court order preventing her relocation to Cornwall and there was a real risk she would marginalize the non-biological mother's role in the children's lives if she were the primary carer.
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