C.C. v. S.N.

[2 ] By interlocutor dated 3 February 2005 the sheriff, having heard parties at a child welfare hearing, dismissed the pursuer's craves. The pursuer has appealed against that interlocutor.

[3 ] In the course of proceedings, the defender introduced into her pleadings averments to the effect that the child had been sexually abused by the pursuer in the course of unsupervised contact during 2003. Unsupervised contact had been allowed by the court by interlocutors dated 13 December 2002 , and 4 April and 16 May 2003 . Following the emergence of the allegation of sexual abuse, unsupervised contact ceased. In the course of 2004, however, the court allowed supervised contact by interlocutors dated 1 April, 7 May, 11 June and 13 August 2004 .

[4 ] At a continued child welfare hearing on 13 August 2004 the court pronounced an interlocutor which was in inter alia the following terms:

"The Sheriff, having heard parties, continues consideration of the cause to a further child welfare hearing on 15 November 2004 ...; Directs that evidence may be led at said hearing, said evidence being anticipated to last five days; directs that the matters for proof at said hearing are to be restricted to whether or not the child ... has been exposed to sexual abuse by the pursuer ...".

[5 ] The further child welfare hearing took place between 15 and 19 November 2004 . Thereafter, by interlocutor dated 5 January 2005 , the sheriff made a number of findings in fact about things said and done by the child. These findings are set out on pages 39 to 41 of the appeal print. In the light of his findings of primary fact, the sheriff went on the reach the following conclusion: