G.D. v. E.K. & RICHARD MILL, CURATOR AD LITEM TO M., 21 Stafford Street, Edinburgh, EH3 7BJ [2011] ScotSC 91 (04 May 2011)

G.D. v. E.K. & RICHARD MILL, CURATOR AD LITEM TO M., 21 Stafford Street, Edinburgh, EH3 7BJ [2011] ScotSC 91 (04 May 2011)

It is in the best interests of M to continue to reside with the defender (mother) in Scotland. The defender's application for a specific issue order to relocate to New Zealand is refused as not being in M's best interests. The existing interim interdict preventing removal of M from Scotland is continued. Contact arrangements in favour of the pursuer (father) are maintained.

Citation
[2011] ScotSC 91
Parties
Pursuer: GD; Defender: EK; Curator Ad Litem to M: Richard Mill
Jurisdiction
Scotland
Judgment Date
04 May 2011
Procedural Posture
Family Law Child Residence and Relocation / Judgment After Proof (trial)
Outcome
Residence order in favour of defender (mother); specific issue order for relocation refused; interim interdict continued; contact order in favour of pursuer (father) continued; expenses reserved.
Legal Topics
Child Residence, Parental Rights and Responsibilities, International Child Abduction, Relocation of Child, Contact Orders
Family Law Child Law Child Residence Parental Rights and Responsibilities International Child Abduction Relocation of Child Contact Orders

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Parties

GD

Pursuer

EK

Defender

Richard Mill

Curator Ad Litem to M

Procedural Posture

Family Law Child Residence and Relocation / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the child M should reside with the pursuer or defender
  2. 2 Whether the defender should be granted leave to relocate with M to New Zealand
  3. 3 What contact arrangements are in the best interests of M

Ratio Decidendi

It is in the best interests of M to continue to reside with the defender (mother) in Scotland. The defender's application for a specific issue order to relocate to New Zealand is refused as not being in M's best interests. The existing interim interdict preventing removal of M from Scotland is continued. Contact arrangements in favour of the pursuer (father) are maintained.

Court Disposition

Residence order in favour of defender (mother); specific issue order for relocation refused; interim interdict continued; contact order in favour of pursuer (father) continued; expenses reserved.

Orders

  • M to continue to reside with the defender within Scotland.
  • Specific issue order for relocation to New Zealand refused.