CG v JG [2014] ScotCS CSOH_88 (25 March 2014)

CG v JG [2014] ScotCS CSOH_88 (25 March 2014)

The court found that, in principle, it was in the best interests of the child to relocate with the defender to Bahrain, subject to documentary confirmation of suitable accommodation, schooling, and right of residence. The court also found that contact in Dubai should be allowed in principle, subject to an agreement regarding the pursuer's passport to ensure the child's return. The summer contact period should be increased to four weeks in alternate years, subject to written proposals.

Citation
[2014] ScotCS CSOH_88
Parties
Pursuer: CG; Defender: JG
Jurisdiction
Scotland
Judgment Date
25 March 2014
Procedural Posture
Family Law Child Relocation and Contact / Judgment After Proof (trial) on Opposed Minutes
Outcome
Conditional approval of relocation and contact applications, subject to further documentation and arrangements; case continued for further procedure.
Legal Topics
Child Relocation, Child Contact, Welfare of the Child, International Enforcement of Contact Orders
Family Law Child Relocation Child Contact Welfare of the Child International Enforcement of Contact Orders

Case Brief

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Parties

CG

Pursuer

JG

Defender

Procedural Posture

Family Law Child Relocation and Contact / Judgment After Proof (trial) on Opposed Minutes

Legal Issues

  1. 1 Whether the defender (mother) should be allowed to relocate with the child to Bahrain
  2. 2 Whether the pursuer (father) should be allowed contact with the child in Dubai
  3. 3 Whether the period of summer contact should be increased

Ratio Decidendi

The court found that, in principle, it was in the best interests of the child to relocate with the defender to Bahrain, subject to documentary confirmation of suitable accommodation, schooling, and right of residence. The court also found that contact in Dubai should be allowed in principle, subject to an agreement regarding the pursuer's passport to ensure the child's return. The summer contact period should be increased to four weeks in alternate years, subject to written proposals.

Court Disposition

Conditional approval of relocation and contact applications, subject to further documentation and arrangements; case continued for further procedure.

Orders

  • Defender's application to relocate with the child to Bahrain allowed in principle, subject to documentary evidence of accommodation, schooling, and right of residence.
  • Pursuer's application for contact in Dubai allowed in principle, subject to agreement on surrender of passport during contact.