HS AGAINST TP AND LB [2023] ScotCS CSOH_61 (20 July 2023)

HS AGAINST TP AND LB [2023] ScotCS CSOH_61 (20 July 2023)

The court found Simon was habitually resident in Scotland at the relevant times, so Kentucky orders were not recognised. The evidence established that Simon suffered significant neglect in the care of HS and LB, with no demonstrated capacity for sustained change. TP was able to provide a safe, stable, and loving environment, and Simon expressed a clear wish to live with TP in the United States. The welfare of Simon required granting residence to TP and permitting relocation. There was insufficient basis to order direct contact for HS or LB, but indirect contact was appropriate.

Citation
[2023] ScotCS CSOH_61
Parties
Pursuer: HS; Defender: TP; Minuter: LB
Jurisdiction
Scotland
Judgment Date
20 July 2023
Procedural Posture
Family Law Child Residence and Contact / Final Judgment After Proof
Outcome
Residence order granted in favour of TP; specific issue order permitting relocation to the United States granted; no order for direct contact with HS or LB; indirect contact to continue.
Legal Topics
Child Residence, Child Contact, Relocation of Child, Habitual Residence, Recognition of Foreign Orders, Child Protection, Parental Responsibility
Family Law Child Law Child Residence Child Contact Relocation of Child Habitual Residence Recognition of Foreign Orders Child Protection +1 more

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Parties

HS

Pursuer

TP

Defender

LB

Minuter

Procedural Posture

Family Law Child Residence and Contact / Final Judgment After Proof

Legal Issues

  1. 1 Whether Simon should reside with his father (TP) or mother (HS)
  2. 2 Whether Simon should be permitted to relocate to the United States with TP
  3. 3 Whether LB should have contact with Simon

Ratio Decidendi

The court found Simon was habitually resident in Scotland at the relevant times, so Kentucky orders were not recognised. The evidence established that Simon suffered significant neglect in the care of HS and LB, with no demonstrated capacity for sustained change. TP was able to provide a safe, stable, and loving environment, and Simon expressed a clear wish to live with TP in the United States. The welfare of Simon required granting residence to TP and permitting relocation. There was insufficient basis to order direct contact for HS or LB, but indirect contact was appropriate.

Court Disposition

Residence order granted in favour of TP; specific issue order permitting relocation to the United States granted; no order for direct contact with HS or LB; indirect contact to continue.

Orders

  • Residence order in favour of TP
  • Specific issue order permitting relocation to United States