MS v. MM [2005] ScotSC 47 (11 July 2005)

The welfare of the child would be best served by allowing the pursuer supervised contact at a contact centre, given the history of failed contact attempts at the defender's home and the need to build a relationship between the pursuer and the child. Granting full parental rights and responsibilities was not in the child's best interests at this time.

Citation: [2005] ScotSC 47
Parties: Pursuer: M S; Defender: M M
Jurisdiction: Scotland
Judgment Date: 11 July 2005
Procedural Posture: Family Law Parental Rights and Contact / Final Judgment After Proof
Outcome: Contact order granted for supervised contact at a contact centre; parental rights and responsibilities refused at this stage.
Legal Topics: Parental Rights, Child Contact, Welfare of the Child

Family Law Parental Rights Child Contact Welfare of the Child

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

M S

Pursuer

M M

Defender

Procedural Posture

Family Law Parental Rights and Contact / Final Judgment After Proof

Legal Issues

1 Whether the pursuer should be granted parental rights and responsibilities in respect of the child
2 Whether the pursuer should be granted contact with the child and under what conditions

Ratio Decidendi

Court Disposition

Contact order granted for supervised contact at a contact centre; parental rights and responsibilities refused at this stage.

Orders

Refuses craves 1 and 2 for parental rights and responsibilities in hoc statu.
Grants crave 3 for supervised contact at a local authority contact centre at times and dates to be arranged.