ZS against TS (Court of Session) [2026] CSOH 27 (24 March 2026)

ZS against TS (Court of Session) [2026] CSOH 27 (24 March 2026)

The court found that RS's opposition to contact is genuinely held, not the result of improper influence, and is supported by his lived experiences of disappointment and discomfort during contact. The pursuer's failure to adapt to the child's needs and the unsuitability of arrangements contributed to the breakdown. Given RS's age, maturity, and consistent views, it would not be in his best interests to impose direct or indirect contact. The welfare of the child requires that no contact order be made.

Citation
[2026] CSOH 27
Parties
Pursuer: ZS; Defender: TS
Jurisdiction
Scotland
Judgment Date
24 March 2026
Procedural Posture
Family Law Contact Order / Final Judgment After Proof
Outcome
Contact order refused; no order for expenses.
Legal Topics
Contact Orders, Welfare of the Child, Children's Views, International Family Arrangements
Family Law Child Law Contact Orders Welfare of the Child Children's Views International Family Arrangements

Case Brief

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Parties

ZS

Pursuer

TS

Defender

Procedural Posture

Family Law Contact Order / Final Judgment After Proof

Legal Issues

  1. 1 Whether a contact order should be made in favour of the pursuer for direct or indirect contact with the child RS
  2. 2 Whether the child's views against contact are genuinely held and determinative
  3. 3 Whether making a contact order is in the best interests of the child

Ratio Decidendi

The court found that RS's opposition to contact is genuinely held, not the result of improper influence, and is supported by his lived experiences of disappointment and discomfort during contact. The pursuer's failure to adapt to the child's needs and the unsuitability of arrangements contributed to the breakdown. Given RS's age, maturity, and consistent views, it would not be in his best interests to impose direct or indirect contact. The welfare of the child requires that no contact order be made.

Court Disposition

Contact order refused; no order for expenses.

Orders

  • Defender's plea-in-law sustained.
  • Pursuer's plea-in-law repelled.