P.A.D. v. A.A.B. [2011] ScotSC 18 (2 March 2011)

P.A.D. v. A.A.B. [2011] ScotSC 18 (2 March 2011)

The child's welfare is best served by residing with the defender, who can provide a secure family unit, emotional care, and stability. The defender is better placed to meet the child's emotional needs, and the arrangement allows the child to maintain relationships with both parents and siblings. The pursuer's reliance on his mother and attempts to undermine the defender are detrimental to the child's welfare. Orders for residence and contact are necessary and in the child's best interests.

Citation
[2011] ScotSC 18
Parties
Pursuer and Minuter: PAD; Defender and Respondent: AAB
Jurisdiction
Scotland
Judgment Date
02 March 2011
Procedural Posture
Child Residence and Contact Dispute / Final Judgment After Evidential Child Welfare Hearing
Outcome
Residence order granted in favour of the defender; contact order granted in favour of the pursuer; no expenses due to or by either party.
Legal Topics
Child Residence, Contact Orders, Parental Responsibilities, Welfare of the Child
Family Law Child Residence Contact Orders Parental Responsibilities Welfare of the Child

Case Brief

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Parties

PAD

Pursuer and Minuter

AAB

Defender and Respondent

Procedural Posture

Child Residence and Contact Dispute / Final Judgment After Evidential Child Welfare Hearing

Legal Issues

  1. 1 Whether the child RAD should reside with the pursuer or defender
  2. 2 Whether contact arrangements should be varied
  3. 3 What arrangements are in the best interests of the child's welfare

Ratio Decidendi

The child's welfare is best served by residing with the defender, who can provide a secure family unit, emotional care, and stability. The defender is better placed to meet the child's emotional needs, and the arrangement allows the child to maintain relationships with both parents and siblings. The pursuer's reliance on his mother and attempts to undermine the defender are detrimental to the child's welfare. Orders for residence and contact are necessary and in the child's best interests.

Court Disposition

Residence order granted in favour of the defender; contact order granted in favour of the pursuer; no expenses due to or by either party.

Orders

  • Recalls the previous contact order dated December 2007.
  • Makes a residence order under section 11(2)(c) of the Children (Scotland) Act 1995 for the child to live with the defender.