DH AGAINST GH [2015] ScotSC 43 (02 June 2015)

DH AGAINST GH [2015] ScotSC 43 (02 June 2015)

The court held that it was not in the best interests of the children to relocate to Florida, USA, as the pursuer's relocation plans were speculative, lacked planning and consultation, and would result in the effective loss of the children's relationship with their father and paternal family. The status quo of shared care in Edinburgh was working and in the children's best interests. Accordingly, the court refused the relocation order and made residence orders in favour of both parents on an alternate weekly basis.

Citation
[2015] ScotSC 43
Parties
Pursuer: DH; Defender: GH
Jurisdiction
Scotland
Judgment Date
02 June 2015
Procedural Posture
Family Law Child Residence and Relocation / Judgment After Proof (trial)
Outcome
Relocation refused; joint residence orders granted.
Legal Topics
Child Residence, Relocation of Children, Shared Care, Best Interests of the Child, Specific Issue Order
Family Law Child Law Child Residence Relocation of Children Shared Care Best Interests of the Child Specific Issue Order

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Parties

DH

Pursuer

GH

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether it is in the best interests of the children to reside with both parents in Scotland or to relocate to Florida, USA with the pursuer
  2. 2 Whether a specific issue order should be granted to allow the pursuer to remove the children from Scotland to the USA

Ratio Decidendi

The court held that it was not in the best interests of the children to relocate to Florida, USA, as the pursuer's relocation plans were speculative, lacked planning and consultation, and would result in the effective loss of the children's relationship with their father and paternal family. The status quo of shared care in Edinburgh was working and in the children's best interests. Accordingly, the court refused the relocation order and made residence orders in favour of both parents on an alternate weekly basis.

Court Disposition

Relocation refused; joint residence orders granted.

Orders

  • Refusal of the pursuer's specific issue order to relocate the children to the USA
  • Residence orders in respect of the children ZH and MH in favour of both the pursuer and defender on an alternate weekly basis and for half of all school holidays