CR v. ARD [2005] ScotCS CSOH_88 (30 June 2005)

CR v. ARD [2005] ScotCS CSOH_88 (30 June 2005)

The court refused the residence order for H. due to insufficient reliable evidence about his current circumstances in Russia, making it impossible to satisfy the statutory test that such an order would be better for the child. The court granted the pursuer residential contact with both children for half of each school holiday, ordered the defender to pay all travel expenses, and required him to provide school reports. The court awarded the pursuer a periodical allowance of £1,000 per month until her remarriage or death, and aliment of £150 per week per child during periods of contact, finding that the pursuer would otherwise suffer severe financial hardship and that the defender had...

Citation
[2005] ScotCS CSOH_88
Parties
Pursuer: C. R. or D; Defender: A. R. D.
Jurisdiction
Scotland
Judgment Date
30 June 2005
Procedural Posture
Family Law (divorce, Financial Provision, Child Residence/contact) / Final Judgment After Proof (trial)
Outcome
Residence order for H. refused; contact and financial orders granted as specified; other conclusions refused; expenses reserved.
Legal Topics
Divorce, Financial Provision, Child Residence, Child Contact, Aliment, Periodical Allowance
Family Law Divorce Financial Provision Child Residence Child Contact Aliment Periodical Allowance

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Parties

C. R. or D

Pursuer

A. R. D.

Defender

Procedural Posture

Family Law (divorce, Financial Provision, Child Residence/contact) / Final Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer should be granted a residence order for child H.
  2. 2 Whether the pursuer should be granted contact with the children during holidays.
  3. 3 Whether the defender should be ordered to provide school reports to the pursuer.

Ratio Decidendi

The court refused the residence order for H. due to insufficient reliable evidence about his current circumstances in Russia, making it impossible to satisfy the statutory test that such an order would be better for the child. The court granted the pursuer residential contact with both children for half of each school holiday, ordered the defender to pay all travel expenses, and required him to provide school reports. The court awarded the pursuer a periodical allowance of £1,000 per month until her remarriage or death, and aliment of £150 per week per child during periods of contact, finding that the pursuer would otherwise suffer severe financial hardship and that the defender had...

Court Disposition

Residence order for H. refused; contact and financial orders granted as specified; other conclusions refused; expenses reserved.

Orders

  • Residential contact in Scotland with each child for half of each school holiday, with defender to pay all travel expenses between Russia and Scotland.
  • Specific issue order requiring defender to provide school reports to pursuer.