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Scottish Sheriff Court Decisions |
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You are here: BAILII >> Databases >> Scottish Sheriff Court Decisions >> X v Y & Ors [2004] ScotSC 54 (16 August 2004) URL: http://www.bailii.org/scot/cases/ScotSC/2004/54.html Cite as: [2004] ScotSC 54 |
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SHERIFFDOM OF LOTHIAN AND BORDERS
F210/04
JUDGMENT OF
SHERIFF PRINCIPAL IAIN MACPHAIL QC
in the appeal
in the cause
X
Pursuer and Appellant
against
Y
First-named Defender and Respondent
and
A
Second-named Defender and Respondent
and
B
Third-named Defender and Respondent
_________________________
Act: Chan; Warners
Alt: (1) Hinsley; Drummond Miller WS
(2) Di Biasio; Sneddon Morrison, Whitburn
(3) Di Biasio; Sneddon Morrison, Whitburn
EDINBURGH, 16 August 2004.
The Sheriff Principal, having resumed consideration of the cause, allows the first crave of the initial writ to be amended by the deletion of the words 'A and' and by the deletion of the words 'children' and 'children's' wherever they occur in the said crave and the substitution therefor respectively of the words 'child' and 'child's'; dismisses the action quoad the second-named defender and respondent A; dismisses the appeal as incompetent; finds the pursuer and appellant liable to the second-named defender and respondent in the expenses of the cause including the expenses of the appeal, finds the pursuer and appellant liable to the first-named and third-named defenders and respondents in the expenses of the appeal, allows accounts thereof to be given in and remits the same when lodged to the Auditor of Court to tax and to report; remits the cause to the Sheriff at Linlithgow to proceed as accords in terms of rule 26.1(1) of the Ordinary Cause Rules 1993 in respect that the first-named and third-named defenders and respondents reside in the sheriff court district of Linlithgow; directs in terms of section 46 of the Children and Young Persons (Scotland) Act 1937, as amended, that no media report of these proceedings shall include any particulars calculated to lead to the identification of the second-named or third-named defenders and respondents or any picture of the second-named or third-named defenders and respondents.
NOTE
[1] This is an appeal against an interlocutor pronounced at a child welfare hearing in an action by a father against a mother for contact with the two children of their former marriage. The mother has lodged defences. Both children have instructed solicitors, have lodged minutes seeking to be sisted as parties and have also lodged defences. The action was raised in April 2004 and the elder child attained the age of 16 on 20 June 2004. No satisfactory reason has been given for raising and insisting in the action as far as he is concerned. I have allowed the first crave to be amended in order to remove his name and I have dismissed the action quoad him and found the pursuer liable to him in expenses. [2] At the child welfare hearing on 14 June 2004 both parents and both children were represented. The Sheriff pronounced an interlocutor in these terms:The Sheriff, having heard parties' procurators, allows the minutes for the children A and B, appoints the minuters to lodge answers within 21 days from this date, ad interim allows the pursuer contact with the child B by way of written correspondence of not more than one letter a week, said letter to be addressed to the said child's solicitor; thereafter on the defender's unopposed motion remits the cause to Linlithgow Sheriff Court under whose jurisdiction both children reside all in terms of rule 26.1(1) of the Ordinary Cause Rules 1993 as amended.
