L.C. v. K.M. [2011] ScotSC 189 (06 December 2011)

L.C. v. K.M. [2011] ScotSC 189 (06 December 2011)

The court held that it was not in the best interests of any of the children to grant the specific issue order permitting relocation to New Zealand. The stability, predictability, and quality of the current residence and contact arrangements, and the importance of safeguarding the children's direct personal relations with the defender, outweighed the advantages of relocation. The children's views were given diminished weight due to the manner in which they were obtained. The welfare of the children required the continuation of the existing arrangements.

Citation
[2011] ScotSC 189
Parties
Pursuer: LC; Defender: KM
Jurisdiction
Scotland
Judgment Date
06 December 2011
Procedural Posture
Family Law Child Relocation / Judgment After Proof (trial)
Outcome
Application for specific issue order to relocate refused; existing residence and contact orders continued.
Legal Topics
Child Relocation, Residence Orders, Contact Orders, Welfare of the Child, Parental Responsibilities and Rights
Family Law Child Law Child Relocation Residence Orders Contact Orders Welfare of the Child Parental Responsibilities and Rights

Case Brief

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Parties

LC

Pursuer

KM

Defender

Procedural Posture

Family Law Child Relocation / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether it is in the best interests of the children (AM, BM, IM) to grant a specific issue order permitting their relocation to New Zealand with the pursuer
  2. 2 Whether the current residence and contact arrangements should be varied

Ratio Decidendi

The court held that it was not in the best interests of any of the children to grant the specific issue order permitting relocation to New Zealand. The stability, predictability, and quality of the current residence and contact arrangements, and the importance of safeguarding the children's direct personal relations with the defender, outweighed the advantages of relocation. The children's views were given diminished weight due to the manner in which they were obtained. The welfare of the children required the continuation of the existing arrangements.

Court Disposition

Application for specific issue order to relocate refused; existing residence and contact orders continued.

Orders

  • Sustains the 3rd and 4th pleas in law for the pursuer; sustains the 1st plea in law for the defender; repels remaining pleas in law; continues existing orders for residence and contact; reserves all questions of expenses.