A.B. v. C.D. [2012] ScotSC 25 (22 February 2012)

A.B. v. C.D. [2012] ScotSC 25 (22 February 2012)

It is in the best interests of the child, IL, that a Specific Issue Order be made permitting the Defender to relocate with IL to Canada. The Defender is the primary carer, has a proven track record as a parent, and will have significantly greater family and community support in Canada. The child's welfare is closely linked to the Defender's welfare, which is adversely affected by isolation and stress in Scotland. The relationship with the Pursuer, while important, is less significant than the primary bond with the mother and can be maintained through regular visits and electronic contact. The move is reasonable and motivated by the child's welfare, not self-interest.

Citation
[2012] ScotSC 25
Parties
Pursuer: AB; Defender: CD
Jurisdiction
Scotland
Judgment Date
22 February 2012
Procedural Posture
Specific Issue Order (child Relocation) / Judgment After Proof (trial)
Outcome
Specific Issue Order granted in favour of the Defender; Defender permitted to relocate with child to Canada; further hearing appointed on contact and expenses.
Legal Topics
Child Relocation, Specific Issue Order, Parental Rights and Responsibilities, Welfare of the Child, Contact Arrangements
Family Law Child Law Child Relocation Specific Issue Order Parental Rights and Responsibilities Welfare of the Child Contact Arrangements

Case Brief

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Parties

AB

Pursuer

CD

Defender

Procedural Posture

Specific Issue Order (child Relocation) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether it is in the best interests of the child (IL) to permit the Defender to relocate with the child to Canada
  2. 2 Whether a Specific Issue Order should be granted allowing permanent removal from Scotland
  3. 3 What contact arrangements are appropriate if relocation is permitted

Ratio Decidendi

It is in the best interests of the child, IL, that a Specific Issue Order be made permitting the Defender to relocate with IL to Canada. The Defender is the primary carer, has a proven track record as a parent, and will have significantly greater family and community support in Canada. The child's welfare is closely linked to the Defender's welfare, which is adversely affected by isolation and stress in Scotland. The relationship with the Pursuer, while important, is less significant than the primary bond with the mother and can be maintained through regular visits and electronic contact. The move is reasonable and motivated by the child's welfare, not self-interest.

Court Disposition

Specific Issue Order granted in favour of the Defender; Defender permitted to relocate with child to Canada; further hearing appointed on contact and expenses.

Orders

  • Sustains the Defender's first and third pleas-in-law
  • Repels the Pursuer's first and third pleas-in-law