RM v RPMM [2000] ScotCS 147 (2 June 2000)

RM v RPMM [2000] ScotCS 147 (2 June 2000)

On the balance of evidence, it is in the best interests of the children to reside with the pursuer and to permit their removal to the United States, given the material, emotional, and educational advantages, the pursuer's good reasons for relocation, and the inadequacy of current contact arrangements. Generous and regular contact with the defender is to be maintained, primarily during extended summer and Christmas holidays.

Citation
[2000] ScotCS 147
Parties
Pursuer: R. M.; Defender: R. P. M. M.
Jurisdiction
Scotland
Judgment Date
02 June 2000
Procedural Posture
Family Law Child Residence and Contact / Final Judgment After Proof
Outcome
Orders granted in favour of the pursuer.
Legal Topics
Child Residence, Child Contact, International Relocation, Parental Rights, Welfare of the Child
Family Law Child Residence Child Contact International Relocation Parental Rights Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

R. M.

Pursuer

R. P. M. M.

Defender

Procedural Posture

Family Law Child Residence and Contact / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer should be granted permission to remove the children from Scotland to reside with her in the United States of America
  2. 2 Whether a residence order in favour of the pursuer should be made
  3. 3 What contact arrangements are in the best interests of the children

Ratio Decidendi

On the balance of evidence, it is in the best interests of the children to reside with the pursuer and to permit their removal to the United States, given the material, emotional, and educational advantages, the pursuer's good reasons for relocation, and the inadequacy of current contact arrangements. Generous and regular contact with the defender is to be maintained, primarily during extended summer and Christmas holidays.

Court Disposition

Orders granted in favour of the pursuer.

Orders

  • Order authorising the removal of the children from Scotland to reside with the pursuer in the United States of America.
  • Residence order in favour of the pursuer.