ZR AGAINST SPR [2021] ScotCS CSOH_69 (16 July 2021)

ZR AGAINST SPR [2021] ScotCS CSOH_69 (16 July 2021)

The court found that the welfare of ZZR required the continuation of both residential and non-residential contact with the pursuer, as there was no evidence that the pursuer posed a risk to ZZR's welfare. The child's own wishes supported ongoing contact. Concerns about the pursuer's health did not justify precluding contact, except that holiday contact required further safety precautions. The defender's objections were not substantiated to a degree that would warrant denying contact.

Citation
[2021] ScotCS CSOH_69
Parties
Pursuer: ZR; Defender: SPR
Jurisdiction
Scotland
Judgment Date
16 July 2021
Procedural Posture
Divorce and Child Residence Action / Final Judgment After Proof
Outcome
Decree of divorce granted; contact order made for both residential and non-residential contact between pursuer and ZZR; residence order in favour of defender not granted; holiday contact subject to further safety arrangements.
Legal Topics
Divorce, Child Residence, Contact Orders, Parental Responsibilities, Welfare of the Child
Family Law Divorce Child Residence Contact Orders Parental Responsibilities Welfare of the Child

Case Brief

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Parties

ZR

Pursuer

SPR

Defender

Procedural Posture

Divorce and Child Residence Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether decree of divorce should be granted
  2. 2 With whom the child ZZR should reside
  3. 3 Whether and what contact the pursuer should have with ZZR

Ratio Decidendi

The court found that the welfare of ZZR required the continuation of both residential and non-residential contact with the pursuer, as there was no evidence that the pursuer posed a risk to ZZR's welfare. The child's own wishes supported ongoing contact. Concerns about the pursuer's health did not justify precluding contact, except that holiday contact required further safety precautions. The defender's objections were not substantiated to a degree that would warrant denying contact.

Court Disposition

Decree of divorce granted; contact order made for both residential and non-residential contact between pursuer and ZZR; residence order in favour of defender not granted; holiday contact subject to further safety arrangements.

Orders

  • Decree of divorce pronounced.
  • Pursuer granted residential and non-residential contact with ZZR.