J.S. (ap) v. N.D. (ap) [2010] ScotSC 72 (13 April 2010)

J.S. (ap) v. N.D. (ap) [2010] ScotSC 72 (13 April 2010)

The court found the defender's allegations of sexual abuse by the pursuer to be unsubstantiated and not credible. There was no reliable evidence that the pursuer abused his daughter. The welfare of the children required unsupervised contact with their father. The defender's application to take the children to Spain was refused due to a real risk of non-return, given the history of false allegations and advice received about using 'dirty tricks' to obtain custody in Spain.

Citation
[2010] ScotSC 72
Parties
Pursuer: JS; Defender: ND
Jurisdiction
Scotland
Judgment Date
13 April 2010
Procedural Posture
Family Law Contact and Specific Issue Orders / Judgment After Proof (trial)
Outcome
Pursuer's pleas sustained; defender's pleas repelled; unsupervised contact granted; specific issue order for travel refused; no expenses awarded.
Legal Topics
Child Contact, Parental Responsibilities and Rights, Allegations of Sexual Abuse, Specific Issue Orders, International Child Removal
Family Law Child Protection Child Contact Parental Responsibilities and Rights Allegations of Sexual Abuse Specific Issue Orders International Child Removal

Case Brief

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Parties

JS

Pursuer

ND

Defender

Procedural Posture

Family Law Contact and Specific Issue Orders / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer sexually abused his daughter
  2. 2 Whether contact between pursuer and children should be supervised or unsupervised
  3. 3 Whether the defender should be allowed to take the children to Spain for holidays

Ratio Decidendi

The court found the defender's allegations of sexual abuse by the pursuer to be unsubstantiated and not credible. There was no reliable evidence that the pursuer abused his daughter. The welfare of the children required unsupervised contact with their father. The defender's application to take the children to Spain was refused due to a real risk of non-return, given the history of false allegations and advice received about using 'dirty tricks' to obtain custody in Spain.

Court Disposition

Pursuer's pleas sustained; defender's pleas repelled; unsupervised contact granted; specific issue order for travel refused; no expenses awarded.

Orders

  • Pursuer entitled to unsupervised contact with the children at times to be agreed between the parties.
  • Defender's application for a specific issue order to take the children to Spain for six weeks each year refused.