AB AGAINST CD AND JAMES FRANCIS SAVAGE [2016] ScotSC 8 (08 November 2016)

AB AGAINST CD AND JAMES FRANCIS SAVAGE [2016] ScotSC 8 (08 November 2016)

The court found that, despite the pursuer's allegations and the discovery of the DVD, there was no sufficient evidence to establish that the defender posed a risk to the children or that contact would be contrary to their welfare. The defender's relationship with the children had previously been positive, and the allegations were either unsubstantiated or not credible. Therefore, it was in the best interests of the children that contact with the defender be resumed, subject to further determination of conditions.

Citation
[2016] ScotSC 8
Parties
Pursuer: AB; Defender: CD; Curator Ad Litem and Third Party: James Francis Savage
Jurisdiction
Scotland
Judgment Date
02 February 2016
Procedural Posture
Divorce and Contact Proceedings / Judgment After Proof (trial)
Outcome
Defender entitled to contact with children; all other craves refused or continued.
Legal Topics
Child Contact Orders, Divorce, Child Welfare, Allegations of Abuse, Evidential Standards in Family Proceedings
Family Law Child Law Child Contact Orders Divorce Child Welfare Allegations of Abuse Evidential Standards in Family Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

AB

Pursuer

CD

Defender

James Francis Savage

Curator Ad Litem and Third Party

Procedural Posture

Divorce and Contact Proceedings / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender (father) should be entitled to contact with the children EF and GH
  2. 2 Whether it is in the best interests of the children to have contact with the defender
  3. 3 Whether allegations of abuse and discovery of child pornography preclude contact

Ratio Decidendi

The court found that, despite the pursuer's allegations and the discovery of the DVD, there was no sufficient evidence to establish that the defender posed a risk to the children or that contact would be contrary to their welfare. The defender's relationship with the children had previously been positive, and the allegations were either unsubstantiated or not credible. Therefore, it was in the best interests of the children that contact with the defender be resumed, subject to further determination of conditions.

Court Disposition

Defender entitled to contact with children; all other craves refused or continued.

Orders

  • Sustains the fourth plea in law for the defender.
  • Repels all remaining pleas for both parties other than as already disposed of.