SG against EK and ELK (Sheriff Court Civil) [2026] SCKDY 45 (19 December 2025)y

SG against EK and ELK (Sheriff Court Civil) [2026] SCKDY 45 (19 December 2025)y

The pursuer knowingly allowed unsupervised contact between the child and her father, a convicted sex offender, contrary to social work recommendations, resulting in the child being exposed to serious risk and actual harm, including sexual abuse. The pursuer's continued minimisation of risk and lack of insight into the father's danger to the child demonstrate that granting contact is not in the child's best interests. The welfare of the child requires refusal of the contact order.

Citation
[2026] SCKDY 45
Parties
Pursuer: SG; First Defender: EK; Second Defender: ELK
Jurisdiction
Scotland
Judgment Date
19 December 2025
Procedural Posture
Civil (family Law Contact) / Judgment After Proof (trial)
Outcome
Contact order refused; no order made in favour of the pursuer.
Legal Topics
Contact Orders, Best Interests of the Child, Parental Responsibility, Child Welfare, Risk of Harm, Sexual Abuse, Kinship Care
Family Law Child Protection Contact Orders Best Interests of the Child Parental Responsibility Child Welfare Risk of Harm Sexual Abuse +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

SG

Pursuer

EK

First Defender

ELK

Second Defender

Procedural Posture

Civil (family Law Contact) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether it is in the best interests of the child (DLG) to make a contact order in favour of the pursuer (SG)
  2. 2 Whether the pursuer's conduct placed the child at risk of harm and precludes contact

Ratio Decidendi

The pursuer knowingly allowed unsupervised contact between the child and her father, a convicted sex offender, contrary to social work recommendations, resulting in the child being exposed to serious risk and actual harm, including sexual abuse. The pursuer's continued minimisation of risk and lack of insight into the father's danger to the child demonstrate that granting contact is not in the child's best interests. The welfare of the child requires refusal of the contact order.

Court Disposition

Contact order refused; no order made in favour of the pursuer.

Orders

  • Refuses the first crave for the pursuer
  • Finds no expenses due to or by any party