JP AGAINST AAR AND ENM [2023] ScotCS CSOH_64 (22 September 2023)

JP AGAINST AAR AND ENM [2023] ScotCS CSOH_64 (22 September 2023)

It is in Bella's best interests to remain resident in Scotland with AAR and ENM, as she is settled, thriving, and has strong relationships with her caregivers and siblings. There is no evidence supporting JP's allegations of abuse in Scotland, and Bella's welfare would be compromised by disrupting her established life. Supervised indirect contact with JP is in Bella's interests, but only if JP can adhere to ground rules and professional supervision, given her lack of insight into Bella's needs and previous negative contact experiences.

Citation
[2023] ScotCS CSOH_64
Parties
Pursuer: JP; First Defender: AAR; Second Defender: ENM
Jurisdiction
Scotland
Judgment Date
22 September 2023
Procedural Posture
Family Law Child Residence and Contact / Judgment After Proof (trial)
Outcome
Residence orders granted in favour of AAR and ENM; supervised indirect contact between JP and Bella to be arranged if practical; no direct contact ordered; case put out by order for further discussion of supervised contact arrangements.
Legal Topics
Child Residence, Child Contact, Parental Responsibility, Welfare of the Child, Supervised Contact, Allegations of Abuse
Family Law Child Law Child Residence Child Contact Parental Responsibility Welfare of the Child Supervised Contact Allegations of Abuse

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Parties

JP

Pursuer

AAR

First Defender

ENM

Second Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the child, Bella, should reside with her mother (JP) in Italy or with her father (AAR) and his partner (ENM) in Scotland
  2. 2 Whether direct or indirect contact between JP and Bella is in Bella's best interests
  3. 3 Whether allegations of sexual abuse are substantiated and relevant to residence/contact decisions

Ratio Decidendi

It is in Bella's best interests to remain resident in Scotland with AAR and ENM, as she is settled, thriving, and has strong relationships with her caregivers and siblings. There is no evidence supporting JP's allegations of abuse in Scotland, and Bella's welfare would be compromised by disrupting her established life. Supervised indirect contact with JP is in Bella's interests, but only if JP can adhere to ground rules and professional supervision, given her lack of insight into Bella's needs and previous negative contact experiences.

Court Disposition

Residence orders granted in favour of AAR and ENM; supervised indirect contact between JP and Bella to be arranged if practical; no direct contact ordered; case put out by order for further discussion of supervised contact arrangements.

Orders

  • Bella to reside with AAR and ENM in Scotland.
  • Supervised indirect contact (video/phone) between JP and Bella to be arranged, subject to agreement on ground rules and professional supervision.