A S v. S B [2010] ScotSC 155 (09 September 2010)

A S v. S B [2010] ScotSC 155 (09 September 2010)

Given the pursuer's history of drug abuse, criminal convictions, recent court appearances, and the credible and justified fear of the defender and her family due to threats and violence from the pursuer and his family, it is not in the child's best interests to have contact with the pursuer or for the pursuer to retain parental rights and responsibilities. The welfare of the child and the need for finality and safety outweigh any potential benefit from contact or continued parental rights.

Citation
[2010] ScotSC 155
Parties
Pursuer: AS; Defender: SB
Jurisdiction
Scotland
Judgment Date
09 September 2010
Procedural Posture
Family Law Parental Rights and Contact / Final Judgment
Outcome
Pursuer's pleas-in-law repelled; defender's pleas-in-law sustained; no award of expenses.
Legal Topics
Parental Rights and Responsibilities, Child Contact, Child Welfare, Domestic Abuse, Drug Use, Best Interests of the Child
Family Law Child Law Parental Rights and Responsibilities Child Contact Child Welfare Domestic Abuse Drug Use Best Interests of the Child

Case Brief

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Parties

AS

Pursuer

SB

Defender

Procedural Posture

Family Law Parental Rights and Contact / Final Judgment

Legal Issues

  1. 1 Whether contact between the pursuer and the child is in the child's best interests
  2. 2 Whether the pursuer's parental rights and responsibilities should be terminated

Ratio Decidendi

Given the pursuer's history of drug abuse, criminal convictions, recent court appearances, and the credible and justified fear of the defender and her family due to threats and violence from the pursuer and his family, it is not in the child's best interests to have contact with the pursuer or for the pursuer to retain parental rights and responsibilities. The welfare of the child and the need for finality and safety outweigh any potential benefit from contact or continued parental rights.

Court Disposition

Pursuer's pleas-in-law repelled; defender's pleas-in-law sustained; no award of expenses.

Orders

  • No contact order made between pursuer and child.
  • Order terminating pursuer's parental rights and responsibilities in respect of the child.