W AGAINST W [2023] ScotCS CSOH_72 (13 October 2023)

W AGAINST W [2023] ScotCS CSOH_72 (13 October 2023)

The defender failed to demonstrate that relocation to France would be in the child's best interests or that it would be better for the child than making no order. The likely adverse effect on the child's relationship with the pursuer and his paternal family outweighed any potential benefits of relocation. The current shared care arrangement was working well and the child was thriving. There was insufficient evidence of significant benefits to justify the disruption of relocation.

Citation
[2023] ScotCS CSOH_72
Parties
Pursuer: W; Defender: W
Jurisdiction
Scotland
Judgment Date
13 October 2023
Procedural Posture
Divorce and Child Residence/relocation / Final Judgment After Proof
Outcome
Decree of divorce granted; defender's application for relocation refused; further orders on child care arrangements to be determined.
Legal Topics
Divorce, Child Residence, Child Contact, Relocation of Child, Parental Responsibilities and Rights
Family Law Child Law Divorce Child Residence Child Contact Relocation of Child Parental Responsibilities and Rights

Case Brief

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Parties

W

Pursuer

W

Defender

Procedural Posture

Divorce and Child Residence/relocation / Final Judgment After Proof

Legal Issues

  1. 1 Whether the defender should be permitted to relocate to France with the parties' child
  2. 2 What residence and contact arrangements are in the child's best interests

Ratio Decidendi

The defender failed to demonstrate that relocation to France would be in the child's best interests or that it would be better for the child than making no order. The likely adverse effect on the child's relationship with the pursuer and his paternal family outweighed any potential benefits of relocation. The current shared care arrangement was working well and the child was thriving. There was insufficient evidence of significant benefits to justify the disruption of relocation.

Court Disposition

Decree of divorce granted; defender's application for relocation refused; further orders on child care arrangements to be determined.

Orders

  • Decree of divorce granted to pursuer
  • Defender's application for relocation to France with the child refused