GM against LJ (Sheriff Court Civil) [2026] SCDUNF 21 (27 October 2025)

GM against LJ (Sheriff Court Civil) [2026] SCDUNF 21 (27 October 2025)

The court found, on the balance of probabilities, that Alice was not sexually abused by Thomas during the contact visit. The evidence did not support the defender's allegations, and the child's accounts were inconsistent and influenced by adult questioning. Both parents are protective factors, and the pursuer has taken adequate steps to ensure safety. It is in Alice's best interests to have regular contact with the pursuer, including in the presence of Thomas, and to permit foreign travel with the pursuer without the defender's consent, as the defender is likely to withhold consent unreasonably.

Citation
[2026] SCDUNF 21
Parties
Pursuer: GM; Defender: LJ
Jurisdiction
Scotland
Judgment Date
27 October 2025
Procedural Posture
Child Contact and Specific Issue Order (civil) / Final Judgment After Proof (trial)
Outcome
Pursuer's pleas sustained; defender's pleas repelled; contact and specific issue orders granted.
Legal Topics
Child Contact, Residence Orders, Specific Issue Orders, Allegations of Abuse, Parental Rights and Responsibilities
Family Law Child Law Child Contact Residence Orders Specific Issue Orders Allegations of Abuse Parental Rights and Responsibilities

Case Brief

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Parties

GM

Pursuer

LJ

Defender

Procedural Posture

Child Contact and Specific Issue Order (civil) / Final Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the child Alice was sexually abused by her half-brother Thomas during contact on 17 June 2023
  2. 2 Whether contact between Alice and the pursuer should be restricted to exclude Thomas
  3. 3 What contact arrangements are in the child's best interests

Ratio Decidendi

The court found, on the balance of probabilities, that Alice was not sexually abused by Thomas during the contact visit. The evidence did not support the defender's allegations, and the child's accounts were inconsistent and influenced by adult questioning. Both parents are protective factors, and the pursuer has taken adequate steps to ensure safety. It is in Alice's best interests to have regular contact with the pursuer, including in the presence of Thomas, and to permit foreign travel with the pursuer without the defender's consent, as the defender is likely to withhold consent unreasonably.

Court Disposition

Pursuer's pleas sustained; defender's pleas repelled; contact and specific issue orders granted.

Orders

  • Contact order: Alice to have regular contact with the pursuer as specified, including overnight and holiday contact, with no condition excluding Thomas.
  • Specific issue order: Pursuer authorised to remove Alice from the UK for up to 4 weeks per year for holidays; defender ordered to cooperate with passport applications and provide the passport as required.