Scottish Court of Session Decisions

Subject_1Process
Subject_2Parent and Child
Subject_3Custody
Subject_4Petition by Mother to Recover Custody of Pupil Child — Remit to Sheriff-Substitute to Inquire into Facts — Scope of Remit and Form of Interlocutor. Headnote:

A widow petitioned the Court to obtain the custody of her pupil son. Answers were lodged by a stranger in whose custody the child was. When the case was called

Page: 43↓

in the Summar Roll it appeared that the parties were at variance as to the facts. On their consenting to a remit to the Sheriff-Substitute of Lanarkshire, before whom certain claims under the Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58) arising out of the death of the petitioner's husband were depending, the Court (consisting of the Lord Justice-Clerk, Lords Dundas, Salvesen, and Guthrie) pronounced this interlocutor:—“The Lords, of consent, remit to the Sheriff-Substitute of Lanarkshire at Glasgow, before whom the claims under the memorandum of agreement between the petitioner and Nobel's Explosive Company, Limited, are depending, to inquire into the circumstances set forth in the petition and answers, to take the evidence adduced by the parties, and to report quam primum; further, if he shall see cause to do so, to report upon the demeanour and credibility of the witnesses.”