Parental responsibilities and rights: whether specific issue order should be granted to allow children to move.
Plumtree, Alexandra
SM v CM Sheriffdom of Lothian and Borders at Edinburgh Sheriff
Principal E F Bowen 13 January 2011
This was an appeal from the sheriff's decision under section
11 of the 1995 Act. The mother, CM, had previously been awarded
residence and now wished to move, with the children, to live with her
new partner in Berkshire. The father, SM, sought a residence order, or
alternatively a specific issue order directing that the mother and
children live at their address in Scotland. The mother sought a specific
issue order allowing her to move to England with the children. The
sheriff refused the father's application and granted the
mother's one, to allow the move. The Sheriff Principal upheld that
decision.
(1) These short notes outline a number of recent family law cases.
They are available on the Scottish Courts website
(www.scotcourts.gov.uk) except the first one, which is on the Supreme
Court's website (www.supremecourt.gov.uk) under Decided Cases.
Alexandra Plumtree, Legal Consultant at BAAF's Scottish
Centre, prepared these notes