SM AGAINST AN [2021] ScotCS CSOH_60 (19 May 2021)

SM AGAINST AN [2021] ScotCS CSOH_60 (19 May 2021)

The court found the marriage had broken down irretrievably and that the pursuer should be granted indirect contact with the child NN, initially by way of monthly video calls, with the possibility of progressing to direct contact if successful. The defender's opposition to all contact was not justified on the evidence, and the pursuer's parental rights were affirmed. The court also found the pursuer should be named as the child's father on the birth certificate.

Citation
[2021] ScotCS CSOH_60
Parties
Pursuer: SM; Defender: AN
Jurisdiction
Scotland
Judgment Date
19 May 2021
Procedural Posture
Divorce and Contact Action / Judgment After Proof
Outcome
Divorce granted; indirect contact between pursuer and child ordered; pursuer to be named on birth certificate.
Legal Topics
Divorce, Child Contact, Parental Responsibilities, Domestic Abuse Allegations, Birth Registration
Family Law Divorce Child Contact Parental Responsibilities Domestic Abuse Allegations Birth Registration

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Parties

SM

Pursuer

AN

Defender

Procedural Posture

Divorce and Contact Action / Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 Whether the pursuer should be granted contact with the child NN
  3. 3 Whether the defender's opposition to contact is justified

Ratio Decidendi

The court found the marriage had broken down irretrievably and that the pursuer should be granted indirect contact with the child NN, initially by way of monthly video calls, with the possibility of progressing to direct contact if successful. The defender's opposition to all contact was not justified on the evidence, and the pursuer's parental rights were affirmed. The court also found the pursuer should be named as the child's father on the birth certificate.

Court Disposition

Divorce granted; indirect contact between pursuer and child ordered; pursuer to be named on birth certificate.

Orders

  • Decree of divorce pronounced.
  • Pursuer to have indirect contact with child NN by monthly video calls, to be facilitated by the defender.