S.W. v. S.G. [2012] ScotSC 97 (01 October 2012)

S.W. v. S.G. [2012] ScotSC 97 (01 October 2012)

CW's welfare demands consistent care, which SW provides; SG's care is inconsistent and sometimes irresponsible, posing risks to CW. The risk of disruption due to SG's pending prosecution further supports residence with SW. Regular and frequent contact with SG is in CW's best interests, but an interdict is unnecessary and would unfairly restrict SG's contact.

Citation
[2012] ScotSC 97
Parties
Pursuer: SW; Defender: SG
Jurisdiction
Scotland
Judgment Date
01 October 2012
Procedural Posture
Child Residence and Contact Under Children (scotland) Act 1995 / Final Judgment After Evidential Child Welfare Hearing
Outcome
Residence order granted in favour of SW; regular and frequent contact ordered for SG; interdict refused; interim interdict recalled; expenses reserved.
Legal Topics
Child Residence, Child Contact, Parental Rights, Interdict, Welfare of Child
Family Law Child Residence Child Contact Parental Rights Interdict Welfare of Child

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Parties

SW

Pursuer

SG

Defender

Procedural Posture

Child Residence and Contact Under Children (scotland) Act 1995 / Final Judgment After Evidential Child Welfare Hearing

Legal Issues

  1. 1 With whom should CW reside?
  2. 2 Should the defender be interdicted from removing CW from the pursuer's care or from Shetland?
  3. 3 What contact arrangements are in CW's best interests?

Ratio Decidendi

CW's welfare demands consistent care, which SW provides; SG's care is inconsistent and sometimes irresponsible, posing risks to CW. The risk of disruption due to SG's pending prosecution further supports residence with SW. Regular and frequent contact with SG is in CW's best interests, but an interdict is unnecessary and would unfairly restrict SG's contact.

Court Disposition

Residence order granted in favour of SW; regular and frequent contact ordered for SG; interdict refused; interim interdict recalled; expenses reserved.

Orders

  • CW shall reside with SW.
  • CW shall have contact with SG on a residential basis three weekends out of every four, from 4:00pm Friday to 6:00pm Sunday, plus further periods of contact including residential holiday contact, details to be agreed between parties.