AB v BB [2011] ScotCS CSOH_127 (11 August 2011)

AB v BB [2011] ScotCS CSOH_127 (11 August 2011)

Contact between the defender and the child should be stopped because the defender's conduct, influenced by delusional disorder, poses a considerable risk of harm to the child and shows disregard for the child's welfare. There are no positive benefits to continuing contact, and the child's views, supported by expert evidence, indicate reluctance and distress. The evidence overwhelmingly supports cessation of contact as being in the child's best interests.

Citation
[2011] ScotCS CSOH_127
Parties
Pursuer: AB; Defender: BB; Curator Ad Litem: Mr Ross MacFarlane
Jurisdiction
Scotland
Judgment Date
11 August 2011
Procedural Posture
Family Law Child Contact and Residence / Continued Proof
Outcome
Contact between the defender and the child is stopped. Residence order remains with the pursuer.
Legal Topics
Child Contact, Residence Orders, Parental Responsibilities, Delusional Disorder, Supervised Contact, Interdicts
Family Law Child Welfare Child Contact Residence Orders Parental Responsibilities Delusional Disorder Supervised Contact Interdicts

Case Brief

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Parties

AB

Pursuer

BB

Defender

Mr Ross MacFarlane

Curator Ad Litem

Procedural Posture

Family Law Child Contact and Residence / Continued Proof

Legal Issues

  1. 1 Should contact between the defender and the child continue?
  2. 2 Is the defender's conduct and mental health detrimental to the child's welfare?
  3. 3 Should parental responsibilities or rights be removed from the defender?

Ratio Decidendi

Contact between the defender and the child should be stopped because the defender's conduct, influenced by delusional disorder, poses a considerable risk of harm to the child and shows disregard for the child's welfare. There are no positive benefits to continuing contact, and the child's views, supported by expert evidence, indicate reluctance and distress. The evidence overwhelmingly supports cessation of contact as being in the child's best interests.

Court Disposition

Contact between the defender and the child is stopped. Residence order remains with the pursuer.

Orders

  • Contact order in favour of defender is terminated.
  • Residence order in favour of pursuer is continued.