SM against JD (Sheriff Court Civil) [2026] SCFOR 7 (24 November 2025)

SM against JD (Sheriff Court Civil) [2026] SCFOR 7 (24 November 2025)

The court refused to order direct contact because M's resistance to contact was genuine, reasonable, independent, and free from external pressure, and because the welfare of the child, including protection from abuse and the effect of past domestic abuse, required refusal of the order. The pursuer's convictions and lack of insight into his conduct further supported the conclusion that direct contact was not in M's best interests.

Citation
[2026] SCFOR 7
Parties
Pursuer: SM; Defender: JD
Jurisdiction
Scotland
Judgment Date
24 November 2025
Procedural Posture
Child Contact Order (civil) / Judgment After Proof (trial)
Outcome
Order for direct contact refused.
Legal Topics
Child Contact, Parental Responsibilities and Rights, Domestic Abuse, Welfare of the Child, Non Harassment Order
Family Law Child Law Child Contact Parental Responsibilities and Rights Domestic Abuse Welfare of the Child Non Harassment Order

Case Brief

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Parties

SM

Pursuer

JD

Defender

Procedural Posture

Child Contact Order (civil) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether direct contact between the pursuer (father) and the child (M) should be ordered
  2. 2 Whether the child's views on contact were influenced by the defender (mother)
  3. 3 Whether it is in the child's best interests to have direct contact with the pursuer

Ratio Decidendi

The court refused to order direct contact because M's resistance to contact was genuine, reasonable, independent, and free from external pressure, and because the welfare of the child, including protection from abuse and the effect of past domestic abuse, required refusal of the order. The pursuer's convictions and lack of insight into his conduct further supported the conclusion that direct contact was not in M's best interests.

Court Disposition

Order for direct contact refused.

Orders

  • Refusal of pursuer's motion for direct contact with the child M.
  • No expenses due to or by either party.