PK against SK (Sheriff Court Civil) [2025] SCHAM 61 (12 August 2025)

PK against SK (Sheriff Court Civil) [2025] SCHAM 61 (12 August 2025)

Contact between pursuer and child is reduced to nil due to insuperable barrier created by child's and defender's views, ongoing trauma, and absence of suitable arrangements for safe contact. Defender's conduct is principally responsible for breakdown and is characterised as abusive. Restoration of informal contact is expected within 6 months, failing which residence arrangements may be reviewed.

Citation
[2025] SCHAM 61
Parties
Pursuer: P K; Defender: S K
Jurisdiction
Scotland
Judgment Date
12 August 2025
Procedural Posture
Civil Family Law / Post Proof, Judgment on Minute to Vary Contact Order
Outcome
Contact between pursuer and child reduced to nil; defender's application granted
Legal Topics
Child Contact, Parental Responsibility, Domestic Abuse, Non Harassment Order, Variation of Contact Order
Family Law Child Welfare Child Contact Parental Responsibility Domestic Abuse Non Harassment Order Variation of Contact Order

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Parties

P K

Pursuer

S K

Defender

Procedural Posture

Civil Family Law / Post Proof, Judgment on Minute to Vary Contact Order

Legal Issues

  1. 1 Whether contact between pursuer and child should be reduced to nil
  2. 2 Impact of parental conflict and abuse on child welfare
  3. 3 Appropriateness of contact with siblings and paternal grandparents

Ratio Decidendi

Contact between pursuer and child is reduced to nil due to insuperable barrier created by child's and defender's views, ongoing trauma, and absence of suitable arrangements for safe contact. Defender's conduct is principally responsible for breakdown and is characterised as abusive. Restoration of informal contact is expected within 6 months, failing which residence arrangements may be reviewed.

Court Disposition

Contact between pursuer and child reduced to nil; defender's application granted

Orders

  • Contact order of 21 June 2024 varied to reduce contact to nil under Section 11(2)(c) of Children (Scotland) Act 1995
  • Expenses of minute procedure reserved