RS v. PQ [2004] ScotCS 217 (23 July 2004)

RS v. PQ [2004] ScotCS 217 (23 July 2004)

The pursuer failed to establish, on the balance of probabilities, that there was a real risk the defender would remove the children from her care or from Scotland, or that there were reasonable grounds for apprehension of future molestation. The evidence did not justify granting the unusual remedy of permanent interdict.

Citation
[2004] ScotCS 217
Parties
Pursuer: R S; Defender: P Q
Jurisdiction
Scotland
Judgment Date
23 July 2004
Procedural Posture
Civil Family Law (interdict) / Judgment After Proof
Outcome
Defender assoilzied (absolved) from the conclusions of the summons; pursuer's pleas-in-law repelled.
Legal Topics
Interdict, Molestation, Child Custody, International Child Abduction
Family Law Civil Procedure Interdict Molestation Child Custody International Child Abduction

Case Brief

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Parties

R S

Pursuer

P Q

Defender

Procedural Posture

Civil Family Law (interdict) / Judgment After Proof

Legal Issues

  1. 1 Whether permanent interdict should be granted to prevent the defender from removing the children from the pursuer's care or from Scotland
  2. 2 Whether permanent interdict should be granted to prevent the defender from molesting the pursuer

Ratio Decidendi

The pursuer failed to establish, on the balance of probabilities, that there was a real risk the defender would remove the children from her care or from Scotland, or that there were reasonable grounds for apprehension of future molestation. The evidence did not justify granting the unusual remedy of permanent interdict.

Court Disposition

Defender assoilzied (absolved) from the conclusions of the summons; pursuer's pleas-in-law repelled.

Orders

  • First and second pleas-in-law for the pursuer repelled
  • First plea-in-law for the defender sustained