Crerar v.Bracken [2006] ScotSC 36 (25 April 2006)

Crerar v.Bracken [2006] ScotSC 36 (25 April 2006)

Given the pursuer's repeated failure to comply with contact arrangements, his abusive conduct towards the defender and children, and the distress caused to the children, especially Grace, it is not in the best interests of the children to have contact with the pursuer. The defender is a suitable carer and the children have settled well in Ireland. The defender is granted residence and permission to reside in Ireland with the children; contact with the pursuer is refused.

Citation
[2006] ScotSC 36
Parties
Pursuer: Scott Andrew Crerar; Defender: Mary Theresa Bracken or Crerar
Jurisdiction
Scotland
Judgment Date
25 April 2006
Procedural Posture
Family Law Divorce and Child Residence/contact / Final Judgment After Proof
Outcome
Pursuer's craves for contact refused; defender's craves for residence and relocation granted; expenses reserved; cause continued for further consideration.
Legal Topics
Divorce, Child Residence, Child Contact, Parental Rights and Responsibilities, Relocation of Children
Family Law Divorce Child Residence Child Contact Parental Rights and Responsibilities Relocation of Children

Case Brief

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Parties

Scott Andrew Crerar

Pursuer

Mary Theresa Bracken or Crerar

Defender

Procedural Posture

Family Law Divorce and Child Residence/contact / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer should be granted contact with the children
  2. 2 Whether the defender should be permitted to reside with the children in Ireland
  3. 3 What arrangements are in the best interests of the children

Ratio Decidendi

Given the pursuer's repeated failure to comply with contact arrangements, his abusive conduct towards the defender and children, and the distress caused to the children, especially Grace, it is not in the best interests of the children to have contact with the pursuer. The defender is a suitable carer and the children have settled well in Ireland. The defender is granted residence and permission to reside in Ireland with the children; contact with the pursuer is refused.

Court Disposition

Pursuer's craves for contact refused; defender's craves for residence and relocation granted; expenses reserved; cause continued for further consideration.

Orders

  • Refuses the pursuer contact with the children Patrick and Grace.
  • Repels the pursuer's second and third pleas-in-law.