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, the court found it was better for J that a primary residence order be made, and that J's primary residence should be with his mother, SS. The court considered the practicalities of the parties' locations, J's settled routine in Fife, the support network available to SS, and the fact that both parents were capable and loving, but that the current arrangement best served J's interests as he approached school age.

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

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Parties

PD

Pursuer

SS

Defender

Procedural Posture

Residence Order Application (child Law) / Final Judgment After Proof

Legal Issues

  1. 1 Whether it is in the best interests of the child 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
  3. 3 Whether the history of domestic abuse and parental conduct affects the residence decision

Ratio Decidendi

Having regard to J's welfare as the paramount consideration, the court found it was better for J that a primary residence order be made, and that J's primary residence should be with his mother, SS. The court considered the practicalities of the parties' locations, J's settled routine in Fife, the support network available to SS, and the fact that both parents were capable and loving, but that the current arrangement best served J's interests as he approached school age.

Court Disposition

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

Orders

  • J's primary residence to be with SS (defender, mother).
  • Contact arrangements: The non-resident parent to have J from Thursday 14:45 to Sunday 16:45 in weeks 1, 2, and 3 of each four-week cycle, with FaceTime/video call contact on Wednesday at 16:30 in week 4.