JGC AGAINST NW [2016] ScotSC 26 (01 April 2016)

JGC AGAINST NW [2016] ScotSC 26 (01 April 2016)

Having regard to the welfare of the child as the paramount consideration, the court found that it is not better for the child that an order for direct contact with the pursuer be made than that none should be made. The pursuer's past behaviour, lack of sustained commitment, ongoing health and drug issues, and the child's own wishes not to see him, all indicate that direct contact is not in the child's best interests. However, maintaining a link through indirect contact is in the child's best interests.

Citation
[2016] ScotSC 26
Parties
Pursuer: JGC; Defender: NW
Jurisdiction
Scotland
Judgment Date
01 April 2016
Procedural Posture
Family Law Contact Order / Final Judgment
Outcome
Order for indirect contact only; direct contact refused.
Legal Topics
Contact Orders, Parental Rights and Responsibilities, Child Welfare, Indirect Contact, Best Interests of the Child
Family Law Child Law Contact Orders Parental Rights and Responsibilities Child Welfare Indirect Contact Best Interests of the Child

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Parties

JGC

Pursuer

NW

Defender

Procedural Posture

Family Law Contact Order / Final Judgment

Legal Issues

  1. 1 Whether it is in the best interests of the child T for the pursuer (father) to have direct contact with her
  2. 2 Whether an order for indirect contact should be made

Ratio Decidendi

Having regard to the welfare of the child as the paramount consideration, the court found that it is not better for the child that an order for direct contact with the pursuer be made than that none should be made. The pursuer's past behaviour, lack of sustained commitment, ongoing health and drug issues, and the child's own wishes not to see him, all indicate that direct contact is not in the child's best interests. However, maintaining a link through indirect contact is in the child's best interests.

Court Disposition

Order for indirect contact only; direct contact refused.

Orders

  • The pursuer shall be entitled to exercise indirect contact with T by means of a monthly letter or e-mail and the provision of a modest gift for her birthday and at Christmas.
  • The defender is ordained to provide the pursuer with copies of the child’s school reports and a recent photograph at least once per annum.