Cowie & Anor v. Cowie & Anor [2005] ScotSC 14 (22 February 2005)

Cowie & Anor v. Cowie & Anor [2005] ScotSC 14 (22 February 2005)

It is in the best interests of the child S that parental rights and responsibilities be conferred on the pursuers and that S reside with them, given their proven capacity to provide stability, care, and meet his special needs, and the inadequacies and instability associated with the defenders. The conduct of the second defender justified an award of expenses against him, limited to two thirds.

Citation
[2005] ScotSC 14
Parties
Pursuer: Peter Young Cowie; Pursuer: Mrs Rhona Anne Fraser or Cowie; First Defender: Linsey Alison Cowie or Kinghorn; Second Defender: Grant Stewart Kinghorn
Jurisdiction
Scotland
Judgment Date
22 February 2005
Procedural Posture
Child Residence and Parental Rights Action / Final Judgment After Evidential Child Welfare Hearing
Outcome
Parental rights and responsibilities granted to pursuers; S to reside with pursuers; no further order on contact; second defender liable for two thirds of pursuers' expenses.
Legal Topics
Parental Rights and Responsibilities, Child Residence, Contact Arrangements, Child Welfare, Expenses in Child Proceedings
Family Law Child Law Parental Rights and Responsibilities Child Residence Contact Arrangements Child Welfare Expenses in Child Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Peter Young Cowie

Pursuer

Mrs Rhona Anne Fraser or Cowie

Pursuer

Linsey Alison Cowie or Kinghorn

First Defender

Grant Stewart Kinghorn

Second Defender

Procedural Posture

Child Residence and Parental Rights Action / Final Judgment After Evidential Child Welfare Hearing

Legal Issues

  1. 1 Who should have parental rights and responsibilities for the child S?
  2. 2 With whom should the child S reside?
  3. 3 What contact arrangements are in the best interests of S?

Ratio Decidendi

It is in the best interests of the child S that parental rights and responsibilities be conferred on the pursuers and that S reside with them, given their proven capacity to provide stability, care, and meet his special needs, and the inadequacies and instability associated with the defenders. The conduct of the second defender justified an award of expenses against him, limited to two thirds.

Court Disposition

Parental rights and responsibilities granted to pursuers; S to reside with pursuers; no further order on contact; second defender liable for two thirds of pursuers' expenses.

Orders

  • Order granting parental responsibilities and parental rights to the pursuers in respect of S.
  • Order that S shall reside with the pursuers until further orders of the court.