N.J.D.B. v. J.E.G. & JOHN NOEL JAMES ANDREW [2010] ScotSC 47 (22 January 2010)

N.J.D.B. v. J.E.G. & JOHN NOEL JAMES ANDREW [2010] ScotSC 47 (22 January 2010)

There has been a material change in circumstances since the contact order of 7 July 2004. It is not in the best interests of the child [S] to have contact with the pursuer due to the breakdown of trust, hostility, and the child's clear and sustained opposition to contact. The contact order of 7 July 2004 must be recalled and all contact withdrawn.

Citation
[2010] ScotSC 47
Parties
Pursuer: NJDB; Defender: Mrs JEG; Curator Ad Litem and Third Party Minuter: John Noel James Andrew
Jurisdiction
Scotland
Judgment Date
22 January 2010
Procedural Posture
Family Law Contact/residence / Final Judgment After Proof
Outcome
Contact order of 7 July 2004 recalled; all contact between pursuer and child [S] withdrawn; parties to be heard on expenses.
Legal Topics
Contact Orders, Residence Orders, Parental Rights and Responsibilities, Variation/recall of Contact, Child Welfare, Contempt of Court
Family Law Child Law Contact Orders Residence Orders Parental Rights and Responsibilities Variation/recall of Contact Child Welfare Contempt of Court

Case Brief

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Parties

NJDB

Pursuer

Mrs JEG

Defender

John Noel James Andrew

Curator Ad Litem and Third Party Minuter

Procedural Posture

Family Law Contact/residence / Final Judgment After Proof

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the contact order of 7 July 2004
  2. 2 Whether it is in the best interests of the child [S] to have contact with the pursuer
  3. 3 Whether the contact order of 7 July 2004 should be recalled

Ratio Decidendi

There has been a material change in circumstances since the contact order of 7 July 2004. It is not in the best interests of the child [S] to have contact with the pursuer due to the breakdown of trust, hostility, and the child's clear and sustained opposition to contact. The contact order of 7 July 2004 must be recalled and all contact withdrawn.

Court Disposition

Contact order of 7 July 2004 recalled; all contact between pursuer and child [S] withdrawn; parties to be heard on expenses.

Orders

  • Recalls the interlocutor of 7 July 2004.
  • Withdraws all contact the pursuer has with the child [S].