McG v. McG [2006] ScotCS CSOH_122 (08 August 2006)

It is in the best interests of the children to remain with the mother in Glasgow, where they are settled, well cared for, and have better accommodation. The mother's past conduct, while criticised, does not outweigh her role as principal carer and the stability she provides. The father's application for residence is refused.

Citation: [2006] ScotCS CSOH_122
Parties: Pursuer: McG; Defender: McG
Jurisdiction: Scotland
Judgment Date: 08 August 2006
Procedural Posture: Family Law Residence and Contact / Judgment After Proof (trial)
Outcome: Father's application for residence order refused; case continued for further discussion on contact and remaining pleas-in-law.
Legal Topics: Child Residence, Child Contact, Parental Responsibility, Best Interests of the Child

Family Law Child Residence Child Contact Parental Responsibility Best Interests of the Child

Case Brief

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Parties

McG

Pursuer

McG

Defender

Procedural Posture

Family Law Residence and Contact / Judgment After Proof (trial)

Legal Issues

1 Whether the father should be granted a residence order for both children
2 What the proper arrangement for contact should be

Ratio Decidendi

Court Disposition

Father's application for residence order refused; case continued for further discussion on contact and remaining pleas-in-law.

Orders

First conclusion of the summons refused.
Pursuer's first, third, and fifth pleas-in-law repelled.