AB against CD (Sheriff Court Civil) [2025] SCFAL 103 (31 October 2025)

AB against CD (Sheriff Court Civil) [2025] SCFAL 103 (31 October 2025)

The court found that both parties had contributed to a hostile environment and that the children’s welfare would be best served by residing with the defender. The children were adamant in their opposition to contact with the pursuer, and the court was not satisfied that contact could operate successfully or without further harm. The inability of the parties to cooperate and the risk of exposing the children to further hostility justified refusing contact. The defender was granted a residence order and a specific issue order to take the children abroad without the pursuer’s consent.

Citation
[2025] SCFAL 103
Parties
Pursuer: AB; Defender: CD
Jurisdiction
Scotland
Judgment Date
31 October 2025
Procedural Posture
Family Law Residence and Contact / Final Judgment After Proof
Outcome
Residence order granted in favour of the defender; specific issue order granted for holidays abroad; no order for contact between pursuer and children; parental rights and responsibilities otherwise retained.
Legal Topics
Residence Order, Contact Order, Parental Rights and Responsibilities, Specific Issue Order, Welfare of the Child, Parental Alienation
Family Law Child Law Residence Order Contact Order Parental Rights and Responsibilities Specific Issue Order Welfare of the Child Parental Alienation

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Parties

AB

Pursuer

CD

Defender

Procedural Posture

Family Law Residence and Contact / Final Judgment After Proof

Legal Issues

  1. 1 Whether a residence order should be granted in favour of the defender (mother) for the children EF and GH
  2. 2 Whether contact between the pursuer (father) and the children should be ordered or refused
  3. 3 Whether a specific issue order should be granted to allow the defender to take the children abroad without the pursuer's consent

Ratio Decidendi

The court found that both parties had contributed to a hostile environment and that the children’s welfare would be best served by residing with the defender. The children were adamant in their opposition to contact with the pursuer, and the court was not satisfied that contact could operate successfully or without further harm. The inability of the parties to cooperate and the risk of exposing the children to further hostility justified refusing contact. The defender was granted a residence order and a specific issue order to take the children abroad without the pursuer’s consent.

Court Disposition

Residence order granted in favour of the defender; specific issue order granted for holidays abroad; no order for contact between pursuer and children; parental rights and responsibilities otherwise retained.

Orders

  • Grants a residence order in favour of the defender providing that EF and GH shall reside with the defender.
  • Grants a specific issue order entitling the defender to take EF and GH out of the United Kingdom for holidays during school holidays without the pursuer’s consent and to apply for passports for the children without the pursuer’s consent.