JM v GF [2016] ScotSC 32 (19 April 2016)

JM v GF [2016] ScotSC 32 (19 April 2016)

It is in the best interests of the child, IM, that a specific issue order be made permitting the defender to relocate with her to Cornwall, as this will provide a stable, supportive family environment, continuity of care, and appropriate educational and social opportunities, while maintaining meaningful contact with the pursuer through structured arrangements. The welfare of the child is best served by granting the relocation and making detailed contact orders.

Citation
[2016] ScotSC 32
Parties
Pursuer: JM; Defender: GF
Jurisdiction
Scotland
Judgment Date
19 April 2016
Procedural Posture
Specific Issue Order (child Relocation) / Judgment After Proof
Outcome
Specific issue order granted for relocation; contact order made; all other craves refused; no expenses due to or by either party.
Legal Topics
Child Relocation, Parental Rights and Responsibilities, Contact Orders, Best Interests of the Child
Family Law Child Law Child Relocation Parental Rights and Responsibilities Contact Orders Best Interests of the Child

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Parties

JM

Pursuer

GF

Defender

Procedural Posture

Specific Issue Order (child Relocation) / Judgment After Proof

Legal Issues

  1. 1 Whether a specific issue order should be granted to allow the defender to relocate the child to Cornwall
  2. 2 Whether and what contact arrangements should be made for the pursuer

Ratio Decidendi

It is in the best interests of the child, IM, that a specific issue order be made permitting the defender to relocate with her to Cornwall, as this will provide a stable, supportive family environment, continuity of care, and appropriate educational and social opportunities, while maintaining meaningful contact with the pursuer through structured arrangements. The welfare of the child is best served by granting the relocation and making detailed contact orders.

Court Disposition

Specific issue order granted for relocation; contact order made; all other craves refused; no expenses due to or by either party.

Orders

  • Specific issue order permitting the defender to relocate the child, IM, to Cornwall, United Kingdom.
  • Order for the pursuer to have residential contact with IM for one half of each school holiday and one weekend in each of the three main school terms per year, with detailed arrangements for travel and handover.