C AGAINST S [2016] ScotSC 23 (29 March 2016)

C AGAINST S [2016] ScotSC 23 (29 March 2016)

It is in the best interests of the child that a residence order be made in favour of the defender and that contact between the pursuer and the child be ordered, as the defender's opposition is unreasonable and the pursuer poses no risk to the child. The welfare of the child is best served by gradual, supervised reintroduction of contact, and both parties are interdicted from making derogatory remarks or actions that could negatively influence the child.

Citation
[2016] ScotSC 23
Parties
Pursuer: C; Defender: S
Jurisdiction
Scotland
Judgment Date
29 March 2016
Procedural Posture
Family Law Contact and Residence / Judgment After Proof (trial)
Outcome
Residence order in favour of defender; contact order in favour of pursuer; interdicts against both parties; no expenses due to or by either party.
Legal Topics
Contact Orders, Residence Orders, Parental Responsibilities and Rights, Child Welfare, Mental Health and Parenting
Family Law Child Law Contact Orders Residence Orders Parental Responsibilities and Rights Child Welfare Mental Health and Parenting

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Parties

C

Pursuer

S

Defender

Procedural Posture

Family Law Contact and Residence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether contact between the pursuer (father) and the child should be ordered despite the defender's (mother's) opposition
  2. 2 Whether a residence order in favour of the defender should be made
  3. 3 Whether the pursuer poses a risk to the child due to mental health issues

Ratio Decidendi

It is in the best interests of the child that a residence order be made in favour of the defender and that contact between the pursuer and the child be ordered, as the defender's opposition is unreasonable and the pursuer poses no risk to the child. The welfare of the child is best served by gradual, supervised reintroduction of contact, and both parties are interdicted from making derogatory remarks or actions that could negatively influence the child.

Court Disposition

Residence order in favour of defender; contact order in favour of pursuer; interdicts against both parties; no expenses due to or by either party.

Orders

  • The child shall reside with the defender.
  • Contact between the pursuer and the child at times and conditions to be agreed or determined by the court.