JQ v CC [2015] ScotSC 154 (10 March 2016)

JQ v CC [2015] ScotSC 154 (10 March 2016)

The court refused to grant the specific issue order permitting relocation because the defender failed to demonstrate that the move to Exeter was in the best interests of the children. The children were settled, happy, and enjoyed stability in Glasgow, with strong relationships with both parents and extended families. The proposed relocation would disrupt their schooling, reduce contact with their fathers and extended families, and the proposed contact arrangements would not adequately compensate for this loss. The defender's reasons for relocation were not sufficiently compelling to outweigh the adverse impact on the children's welfare.

Citation
[2015] ScotSC 154
Parties
Pursuer: JQ; Defender: CC
Jurisdiction
Scotland
Judgment Date
10 March 2016
Procedural Posture
Family Law Specific Issue Order (relocation) / Judgment After Proof (trial)
Outcome
Specific issue order for relocation refused; parties to be heard on expenses and contact.
Legal Topics
Relocation of Children, Specific Issue Order, Best Interests of the Child, Contact Arrangements, Parental Rights and Responsibilities
Family Law Child Law Relocation of Children Specific Issue Order Best Interests of the Child Contact Arrangements Parental Rights and Responsibilities

Case Brief

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Parties

JQ

Pursuer

CC

Defender

Procedural Posture

Family Law Specific Issue Order (relocation) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether it is in the best interests of the children (J and F) to grant a specific issue order permitting their removal from Glasgow to Exeter with the defender
  2. 2 Whether the proposed relocation would adversely affect the children's welfare and relationships with their fathers and extended families
  3. 3 Assessment of the credibility and reliability of the parties' evidence and expert testimony

Ratio Decidendi

The court refused to grant the specific issue order permitting relocation because the defender failed to demonstrate that the move to Exeter was in the best interests of the children. The children were settled, happy, and enjoyed stability in Glasgow, with strong relationships with both parents and extended families. The proposed relocation would disrupt their schooling, reduce contact with their fathers and extended families, and the proposed contact arrangements would not adequately compensate for this loss. The defender's reasons for relocation were not sufficiently compelling to outweigh the adverse impact on the children's welfare.

Court Disposition

Specific issue order for relocation refused; parties to be heard on expenses and contact.

Orders

  • Refusal of defender's craves for specific issue order to relocate children to Exeter.
  • Refusal of pursuer's craves for variation of contact.