AJ against CF and another (Sheriff Court Civil) [2026] SCAIR 30 (20 February 2026)

AJ against CF and another (Sheriff Court Civil) [2026] SCAIR 30 (20 February 2026)

Direct contact between the child and either AJ or MM would not be in the child's best interests due to the history of domestic abuse, criminal conduct, ongoing risk, lack of trust, and the child's current anxiety and wishes. Indirect contact (letters/cards twice yearly) is appropriate to maintain a minimal connection, reflecting the child's best interests and the need for future informed decision-making. Residence with CF is in the child's best interests and maintains the settled status quo.

Citation
[2026] SCAIR 30
Parties
Pursuer: AJ; First Defender: CF; Second Defender: MM
Jurisdiction
Scotland
Judgment Date
20 February 2026
Procedural Posture
Family Law Child Residence and Contact / Final Judgment After Proof (trial)
Outcome
Residence order in favour of first defender (CF); indirect contact order (letters/cards twice yearly) in favour of pursuer (AJ) and second defender (MM); no order for direct contact; no expenses due to or by either party.
Legal Topics
Child Residence, Child Contact, Parental Responsibilities and Rights, Domestic Abuse, Indirect Contact, Best Interests of the Child
Family Law Child Law Child Residence Child Contact Parental Responsibilities and Rights Domestic Abuse Indirect Contact Best Interests of the Child

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Parties

AJ

Pursuer

CF

First Defender

MM

Second Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether it is in the child's best interests to reside with the first defender (mother)
  2. 2 Whether direct or indirect contact should be ordered in favour of the pursuer (grandmother) and/or second defender (father)
  3. 3 Assessment of risk and welfare in light of domestic abuse and criminal history

Ratio Decidendi

Direct contact between the child and either AJ or MM would not be in the child's best interests due to the history of domestic abuse, criminal conduct, ongoing risk, lack of trust, and the child's current anxiety and wishes. Indirect contact (letters/cards twice yearly) is appropriate to maintain a minimal connection, reflecting the child's best interests and the need for future informed decision-making. Residence with CF is in the child's best interests and maintains the settled status quo.

Court Disposition

Residence order in favour of first defender (CF); indirect contact order (letters/cards twice yearly) in favour of pursuer (AJ) and second defender (MM); no order for direct contact; no expenses due to or by either party.

Orders

  • M shall reside with the first defender, CF.
  • The pursuer (AJ) and second defender (MM) may each send a separate letter or card to M twice a year (first week in July and at Christmas), each letter may contain one photograph, to be sent via an address identified by CF's solicitors and passed unopened to M.