G against H (Sheriff Court Civil) [2026] SCDUN 26 (14 January 2026)

G against H (Sheriff Court Civil) [2026] SCDUN 26 (14 January 2026)

Contact with the defender is refused because it is not in F's best interests, given the defender's history of abuse towards the pursuer, lack of sustained commitment to F's welfare, the distress caused to F by contact or its prospect, and the influence of the pursuer on F's views. F's welfare is best promoted by continuing to reside with the pursuer. The defender's abuse and lack of proactive involvement, combined with F's clear (if influenced) opposition to contact, outweigh any general presumption in favour of contact.

Citation
[2026] SCDUN 26
Parties
Pursuer: G; Defender: H
Jurisdiction
Scotland
Judgment Date
14 January 2026
Procedural Posture
Civil Child Residence/contact Dispute / Final Judgment After Proof
Outcome
Order granted for F to reside with the pursuer; defender's crave for contact refused; no expenses due to or by either party.
Legal Topics
Child Residence, Child Contact, Domestic Abuse, Parental Rights and Responsibilities, Best Interests of the Child
Family Law Child Law Child Residence Child Contact Domestic Abuse Parental Rights and Responsibilities Best Interests of the Child

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Parties

G

Pursuer

H

Defender

Procedural Posture

Civil Child Residence/contact Dispute / Final Judgment After Proof

Legal Issues

  1. 1 Whether contact between the defender and the child F should resume
  2. 2 Whether the child F should reside with the pursuer
  3. 3 Impact of domestic abuse on parental responsibilities and contact

Ratio Decidendi

Contact with the defender is refused because it is not in F's best interests, given the defender's history of abuse towards the pursuer, lack of sustained commitment to F's welfare, the distress caused to F by contact or its prospect, and the influence of the pursuer on F's views. F's welfare is best promoted by continuing to reside with the pursuer. The defender's abuse and lack of proactive involvement, combined with F's clear (if influenced) opposition to contact, outweigh any general presumption in favour of contact.

Court Disposition

Order granted for F to reside with the pursuer; defender's crave for contact refused; no expenses due to or by either party.

Orders

  • F to reside with the pursuer.
  • Defender's application for contact refused.