L.W. v. J.W. [2011] ScotSC 60 (16 February 2011)

L.W. v. J.W. [2011] ScotSC 60 (16 February 2011)

It is in the best interests of the children that a contact order be made in favour of the Minuter, as the evidence does not establish that contact would expose the children to risk of physical or mental abuse, and the children's current opposition to contact is not determinative given their ages and the influence of the Respondent.

Citation
[2011] ScotSC 60
Parties
Pursuer and Respondent: L. W.; Defender and Minuter: J. W.
Jurisdiction
Scotland
Judgment Date
16 February 2011
Procedural Posture
Family Law Contact Order Application / Judgment After Proof (trial)
Outcome
Contact order to be made in favour of the Minuter (father), with terms to be determined after further hearing.
Legal Topics
Contact Orders, Parental Rights and Responsibilities, Welfare of the Child, Children's Views, Domestic Violence
Family Law Child Law Contact Orders Parental Rights and Responsibilities Welfare of the Child Children's Views Domestic Violence

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Parties

L. W.

Pursuer and Respondent

J. W.

Defender and Minuter

Procedural Posture

Family Law Contact Order Application / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether it is in the best interests of the children for a contact order to be made in favour of the Minuter (father)
  2. 2 Whether the past conduct of the Minuter, including incidents of violence and neglect, should preclude contact
  3. 3 The weight to be given to the children's expressed wishes against contact

Ratio Decidendi

It is in the best interests of the children that a contact order be made in favour of the Minuter, as the evidence does not establish that contact would expose the children to risk of physical or mental abuse, and the children's current opposition to contact is not determinative given their ages and the influence of the Respondent.

Court Disposition

Contact order to be made in favour of the Minuter (father), with terms to be determined after further hearing.

Orders

  • Sustains the Defender and Minuter's plea in law.
  • Repels the Pursuer and Respondent's plea in law.