GB or L v JL [2017] ScotCS CSOH_60 (06 April 2017)

GB or L v JL [2017] ScotCS CSOH_60 (06 April 2017)

The court determined that the welfare of the child is paramount and that the pursuer failed to demonstrate compelling reasons for relocation. The evidence showed the child benefits from the involvement of both parents and that relocation would significantly disrupt the father-son relationship. The pursuer's support network in England did not outweigh the detriment to the child's relationship with the defender. Accordingly, it is not better for the child that the orders be made than that none should be made at all.

Citation
[2017] ScotCS CSOH_60
Parties
Pursuer: GB or L; Defender: JL
Jurisdiction
Scotland
Judgment Date
06 April 2017
Procedural Posture
Family Law Child Residence and Relocation / Final Judgment After Proof
Outcome
Both the residence order and the specific issue order for relocation are refused.
Legal Topics
Child Residence, Relocation, Parental Responsibilities, Parental Rights, Welfare of the Child
Family Law Child Law Child Residence Relocation Parental Responsibilities Parental Rights Welfare of the Child

Case Brief

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Parties

GB or L

Pursuer

JL

Defender

Procedural Posture

Family Law Child Residence and Relocation / Final Judgment After Proof

Legal Issues

  1. 1 Should a residence order be granted in favour of the pursuer?
  2. 2 Should a specific issue order permitting relocation of the child from Scotland to England be granted?
  3. 3 Is it better for the child that the orders be made than that none should be made at all?

Ratio Decidendi

The court determined that the welfare of the child is paramount and that the pursuer failed to demonstrate compelling reasons for relocation. The evidence showed the child benefits from the involvement of both parents and that relocation would significantly disrupt the father-son relationship. The pursuer's support network in England did not outweigh the detriment to the child's relationship with the defender. Accordingly, it is not better for the child that the orders be made than that none should be made at all.

Court Disposition

Both the residence order and the specific issue order for relocation are refused.

Orders

  • No residence order granted.
  • No specific issue order granted.