PD AGAINST SS [2024] SC DUN 23 (03 May 2024)

PD AGAINST SS [2024] SC DUN 23 (03 May 2024)

Having regard to J's welfare as the paramount consideration, and considering the practicalities of the parties' locations, J's settled routine, the support networks available, and the evidence of both parties' care, it is better for J that a primary residence order be made in favour of his mother, SS, rather than his father, PD. The current contact arrangements, with J residing primarily with SS and regular contact with PD, best serve J's interests.

Citation
[2024] SC DUN 23
Parties
Pursuer: PD; Defender: SS
Jurisdiction
Scotland
Judgment Date
03 May 2024
Procedural Posture
Residence Order Application Under Children (scotland) Act 1995 / Final Judgment After Proof
Outcome
Primary residence order granted in favour of the defender (SS).
Legal Topics
Child Residence, Parental Responsibility, Best Interests of the Child, Contact Arrangements
Family Law Child Law Child Residence Parental Responsibility Best Interests of the Child Contact Arrangements

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Parties

PD

Pursuer

SS

Defender

Procedural Posture

Residence Order Application Under Children (scotland) Act 1995 / Final Judgment After Proof

Legal Issues

  1. 1 Whether it is in the best interests of J for a primary residence order to be made and, if so, with which parent
  2. 2 Whether the current or proposed contact arrangements serve J's welfare

Ratio Decidendi

Having regard to J's welfare as the paramount consideration, and considering the practicalities of the parties' locations, J's settled routine, the support networks available, and the evidence of both parties' care, it is better for J that a primary residence order be made in favour of his mother, SS, rather than his father, PD. The current contact arrangements, with J residing primarily with SS and regular contact with PD, best serve J's interests.

Court Disposition

Primary residence order granted in favour of the defender (SS).

Orders

  • J's primary residence to be with SS.
  • Contact arrangements: Weeks 1, 2, and 3—PD to have residential contact from Thursday 14:45 to Sunday 16:45; Week 4—indirect contact via FaceTime/video call on Wednesday at 16:30 for 30 minutes.