A.H. v. J.M. [2010] ScotSC 70 (09 April 2010)

A.H. v. J.M. [2010] ScotSC 70 (09 April 2010)

It is in the best interests of the child R that the Pursuer be granted parental responsibilities and rights, as the Pursuer has demonstrated consistent commitment and attachment, there is a strong bond between father and child, and the welfare of the child will be promoted by the order. The Defender's concerns do not outweigh the benefit to the child, and it is better that the order be made than not.

Citation
[2010] ScotSC 70
Parties
Pursuer: A. H.; Defender: J. M.
Jurisdiction
Scotland
Judgment Date
09 April 2010
Procedural Posture
Parental Responsibilities and Rights Order Application / Judgment After Proof
Outcome
Pursuer's application granted; Defender's plea repelled; all questions of expenses reserved.
Legal Topics
Parental Responsibilities and Rights, Child Welfare, Unmarried Parents, Contact Arrangements
Family Law Parental Responsibilities and Rights Child Welfare Unmarried Parents Contact Arrangements

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Parties

A. H.

Pursuer

J. M.

Defender

Procedural Posture

Parental Responsibilities and Rights Order Application / Judgment After Proof

Legal Issues

  1. 1 Whether the Pursuer should be granted parental responsibilities and rights in relation to the child R under Section 11(1)(a) and (b) of the Children (Scotland) Act 1995

Ratio Decidendi

It is in the best interests of the child R that the Pursuer be granted parental responsibilities and rights, as the Pursuer has demonstrated consistent commitment and attachment, there is a strong bond between father and child, and the welfare of the child will be promoted by the order. The Defender's concerns do not outweigh the benefit to the child, and it is better that the order be made than not.

Court Disposition

Pursuer's application granted; Defender's plea repelled; all questions of expenses reserved.

Orders

  • The Pursuer shall have parental responsibilities and rights in relation to the child R I. M. in terms of Section 11(1)(a) and (b) of the Children (Scotland) Act 1995, as amended.
  • Dispenses with intimation of the Initial Writ and proceedings on the child as he is too young to understand.