R.A.B. v. M.I.B. [2010] ScotCS CSOH_160 (08 December 2010)

The court found that the defender had provided a stable and loving environment for the child, whose welfare would be best served by remaining with her mother. Disruption to the current arrangement would not be in the child's best interests. Therefore, a residence order in favour of the defender was granted under section 11 of the Children (Scotland) Act 1995.

Citation: [2010] ScotCS CSOH_160
Parties: Pursuer: R A B; Defender: M I B (AP)
Jurisdiction: Scotland
Judgment Date: 08 December 2010
Procedural Posture: Family (divorce and Child Residence) / Final Judgment After Proof
Outcome: Residence order granted in favour of the defender; action otherwise dismissed; no expenses due to or by either party.
Legal Topics: Divorce, Child Residence Order, Jurisdiction, Welfare of the Child

Family Law Child Law Divorce Child Residence Order Jurisdiction Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

R A B

Pursuer

M I B (AP)

Defender

Procedural Posture

Family (divorce and Child Residence) / Final Judgment After Proof

Legal Issues

1 Whether a residence order should be made in favour of the defender regarding the child R
2 Jurisdiction of the Scottish court to make a residence order
3 Effect of previous English court orders

Ratio Decidendi

Court Disposition

Residence order granted in favour of the defender; action otherwise dismissed; no expenses due to or by either party.

Orders

Order under section 11 of the Children (Scotland) Act 1995 that R is to live with the defender.
No expenses due to or by either party.