A against B (Sheriff Court Civil) [2025] SCAIR 53 (14 July 2025)

A against B (Sheriff Court Civil) [2025] SCAIR 53 (14 July 2025)

The court found that Anne's welfare would be best served by a joint residence order, with Anne residing with the pursuer during the school week and with the defender at weekends and for substantial periods during school holidays. The pursuer was found to be the primary carer, and the settled arrangements had operated to Anne's benefit. The child welfare reporter's recommendation was rejected due to flawed reasoning. The pursuer's criminal convictions did not present a risk to Anne or the defender and did not preclude a residence order in his favour. The welfare principle required minimal disturbance to Anne's settled arrangements and maximising her relationship with both parents.

Citation
[2025] SCAIR 53
Parties
Pursuer: A; Defender: B
Jurisdiction
Scotland
Judgment Date
14 July 2025
Procedural Posture
Family Law Residence Order / Final Judgment After Proof
Outcome
Joint residence order granted; other craves dismissed; no expenses due to either party.
Legal Topics
Residence Orders, Child Welfare, Parental Responsibility, Contact Arrangements, Children (scotland) Act 1995
Family Law Child Law Residence Orders Child Welfare Parental Responsibility Contact Arrangements Children (scotland) Act 1995

Case Brief

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Parties

A

Pursuer

B

Defender

Procedural Posture

Family Law Residence Order / Final Judgment After Proof

Legal Issues

  1. 1 Whether a residence order should be made in favour of the pursuer or defender for the child Anne upon commencement of primary school
  2. 2 What contact arrangements best serve the welfare of the child
  3. 3 Whether the pursuer's criminal convictions affect his suitability as a resident parent

Ratio Decidendi

The court found that Anne's welfare would be best served by a joint residence order, with Anne residing with the pursuer during the school week and with the defender at weekends and for substantial periods during school holidays. The pursuer was found to be the primary carer, and the settled arrangements had operated to Anne's benefit. The child welfare reporter's recommendation was rejected due to flawed reasoning. The pursuer's criminal convictions did not present a risk to Anne or the defender and did not preclude a residence order in his favour. The welfare principle required minimal disturbance to Anne's settled arrangements and maximising her relationship with both parents.

Court Disposition

Joint residence order granted; other craves dismissed; no expenses due to either party.

Orders

  • Joint residence order made under section 11(2)(c) of the Children (Scotland) Act 1995: Anne to reside with the pursuer from 4 pm Sunday to 5 pm Friday during school term, and with the defender from 5 pm Friday to 4 pm Sunday; detailed arrangements for school holidays as specified in the judgment.
  • Pursuer's second and third craves dismissed.