M AGAINST A [2024] ScotCS CSOH_38 (28 March 2024)

M AGAINST A [2024] ScotCS CSOH_38 (28 March 2024)

The court found that the defender's allegations of serious domestic abuse by the pursuer were not established to the requisite standard. The evidence did not support a finding that the pursuer posed a risk to the children or the defender. The welfare of the children was best served by remaining in the care of their mother in Scotland, where they were settled and attending school. The pursuer's application for a residence order and permission to relocate the children to Qatar was refused. The defender was granted a residence order, and the pursuer was granted defined contact, including residential contact in the UK and indirect contact. The defender was permitted to take the children to...

Citation
[2024] ScotCS CSOH_38
Parties
Pursuer: M; Defender: A
Jurisdiction
Scotland
Judgment Date
28 March 2024
Procedural Posture
Family Law Residence and Specific Issue Orders / Final Judgment After Proof
Outcome
Defender granted residence order; pursuer's application for residence and relocation refused; contact and specific issue orders made.
Legal Topics
Residence Order, Specific Issue Order, International Relocation, Allegations of Domestic Abuse, Contact Arrangements
Family Law Child Custody Residence Order Specific Issue Order International Relocation Allegations of Domestic Abuse Contact Arrangements

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M

Pursuer

A

Defender

Procedural Posture

Family Law Residence and Specific Issue Orders / Final Judgment After Proof

Legal Issues

  1. 1 Whether it is in the best interests of the children to reside with the pursuer or defender
  2. 2 Whether the children should be permitted to relocate to Qatar with the pursuer
  3. 3 Whether the defender should be permitted to take the children to Spain for holidays

Ratio Decidendi

The court found that the defender's allegations of serious domestic abuse by the pursuer were not established to the requisite standard. The evidence did not support a finding that the pursuer posed a risk to the children or the defender. The welfare of the children was best served by remaining in the care of their mother in Scotland, where they were settled and attending school. The pursuer's application for a residence order and permission to relocate the children to Qatar was refused. The defender was granted a residence order, and the pursuer was granted defined contact, including residential contact in the UK and indirect contact. The defender was permitted to take the children to...

Court Disposition

Defender granted residence order; pursuer's application for residence and relocation refused; contact and specific issue orders made.

Orders

  • Residence order in favour of defender (A) for both children.
  • Defined contact for pursuer (M), including residential contact in the UK and indirect contact.