AH AGAINST SH [2021] ScotCS CSOH_71 (16 July 2021)

AH AGAINST SH [2021] ScotCS CSOH_71 (16 July 2021)

The application for relocation is rejected as the defender's plan is vague, not supported by evidence as necessary for her recovery, and contrary to the children's expressed wishes. The defender's perception of threat is significant but does not require relocation. The pursuer's substance misuse is managed, and there is no current risk to the children. Residence and contact arrangements must prioritise the children's welfare, with equal holiday time and shared term-time care, and schooling arrangements as specified.

Citation
[2021] ScotCS CSOH_71
Parties
Pursuer: AH; Defender: SH
Jurisdiction
Scotland
Judgment Date
16 July 2021
Procedural Posture
Family Law Residence, Contact, Relocation and Schooling / Final Judgment After Proof
Outcome
Application for relocation refused; residence and contact orders granted as specified.
Legal Topics
Residence Orders, Contact Orders, Relocation, Schooling, Domestic Abuse, Substance Misuse, Child Welfare, Best Interests of the Child
Family Law Child Welfare Residence Orders Contact Orders Relocation Schooling Domestic Abuse Substance Misuse +1 more

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Parties

AH

Pursuer

SH

Defender

Procedural Posture

Family Law Residence, Contact, Relocation and Schooling / Final Judgment After Proof

Legal Issues

  1. 1 Should residence orders be granted to either party?
  2. 2 Should specific issue orders be made regarding schooling?
  3. 3 Should the defender be permitted to relocate with the children to England?

Ratio Decidendi

The application for relocation is rejected as the defender's plan is vague, not supported by evidence as necessary for her recovery, and contrary to the children's expressed wishes. The defender's perception of threat is significant but does not require relocation. The pursuer's substance misuse is managed, and there is no current risk to the children. Residence and contact arrangements must prioritise the children's welfare, with equal holiday time and shared term-time care, and schooling arrangements as specified.

Court Disposition

Application for relocation refused; residence and contact orders granted as specified.

Orders

  • Residence and contact arrangements during term time: children to reside with each party for 7 nights out of 14; equal split of school holidays.
  • Specific issue orders regarding schooling: D attends school B, W attends school C until end of academic year 2021 then school B, B attends school C.