R AGAINST S [2024] ScotCS CSOH_21 (28 February 2024)

R AGAINST S [2024] ScotCS CSOH_21 (28 February 2024)

The court found the mother's evidence credible and reliable, accepted that the father had a history of abuse, addiction, and instability, and concluded that the children's welfare would be best served by granting the mother a residence order and permission to relocate the children to Australia. The court determined that the advantages of relocation, including safety, family support, and stability, outweighed the disadvantages, and that the father's opposition was not supported by credible evidence of change or capacity to provide a safe environment. The welfare principle required granting the orders sought by the mother.

Citation
[2024] ScotCS CSOH_21
Parties
Pursuer: R (Mother); Defender: S (Father)
Jurisdiction
Scotland
Judgment Date
28 February 2024
Procedural Posture
Family Law Child Residence and Relocation / Final Judgment After Proof (trial)
Outcome
Residence order and permission to relocate to Australia granted to the mother; contact order for the father refused at this stage.
Legal Topics
Child Residence Order, International Relocation of Children, Parental Responsibilities and Rights, Contact Orders, Domestic Abuse, Child Welfare Principle
Family Law Child Welfare Child Residence Order International Relocation of Children Parental Responsibilities and Rights Contact Orders Domestic Abuse Child Welfare Principle

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Parties

R (Mother)

Pursuer

S (Father)

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the mother should be granted a residence order and permission to relocate the children from Scotland to Australia
  2. 2 Whether the father should be granted contact with the children
  3. 3 Assessment of the children's welfare as the paramount consideration

Ratio Decidendi

The court found the mother's evidence credible and reliable, accepted that the father had a history of abuse, addiction, and instability, and concluded that the children's welfare would be best served by granting the mother a residence order and permission to relocate the children to Australia. The court determined that the advantages of relocation, including safety, family support, and stability, outweighed the disadvantages, and that the father's opposition was not supported by credible evidence of change or capacity to provide a safe environment. The welfare principle required granting the orders sought by the mother.

Court Disposition

Residence order and permission to relocate to Australia granted to the mother; contact order for the father refused at this stage.

Orders

  • The pursuer (mother) is granted a residence order for the children.
  • The pursuer is granted permission to remove the children from Scotland to live in Australia.