F against M (Sheriff Court Civil) [2026] SCHAM 58 (21 April 2026)

F against M (Sheriff Court Civil) [2026] SCHAM 58 (21 April 2026)

Residential contact is not in C's best interests at present due to the pursuer's unresolved alcohol misuse and failure to comply with court-ordered testing. However, regular unsupervised non-residential contact is appropriate, given the positive relationship and the pursuer's willingness to undertake further training. A specific issue order for foreign travel is justified by agreement and C's best interests.

Citation
[2026] SCHAM 58
Parties
Pursuer: F; Defender: M
Jurisdiction
Scotland
Judgment Date
21 April 2026
Procedural Posture
Family Law Child Contact and Specific Issue Order / Final Judgment After Proof
Outcome
Contact order granted for unsupervised non-residential contact; specific issue order granted for foreign travel; no order as to expenses.
Legal Topics
Child Contact, Specific Issue Order, Parental Responsibility, Autism and Child Welfare, Alcohol Misuse and Parenting
Family Law Child Contact Specific Issue Order Parental Responsibility Autism and Child Welfare Alcohol Misuse and Parenting

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Parties

F

Pursuer

M

Defender

Procedural Posture

Family Law Child Contact and Specific Issue Order / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer should have unsupervised and/or residential contact with the child C
  2. 2 Whether a specific issue order should be granted to allow the defender to take C out of the UK for holidays

Ratio Decidendi

Residential contact is not in C's best interests at present due to the pursuer's unresolved alcohol misuse and failure to comply with court-ordered testing. However, regular unsupervised non-residential contact is appropriate, given the positive relationship and the pursuer's willingness to undertake further training. A specific issue order for foreign travel is justified by agreement and C's best interests.

Court Disposition

Contact order granted for unsupervised non-residential contact; specific issue order granted for foreign travel; no order as to expenses.

Orders

  • All previous interim orders recalled.
  • Order for contact: pursuer to have contact with C for 6 hours every fortnight on a Saturday between 10.00am and 4.00pm, or as otherwise agreed, subject to no alcohol consumption before or during contact.