L AGAINST B [2017] ScotSC 79 (12 September 2017)
- Citation
- [2017] ScotSC 79
- Status
- Judgment
- Jurisdiction
- Scotland
- Posture
- Family Law / Judgment
More details
- Posture
- Family Law / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that, on the balance of evidence, contact between the respondent and the child would not promote the child's welfare and therefore should not be ordered.
Court disposition
Contact refused
Orders
- No order for contact between the respondent and the child
02
Material facts
Parties
L
ApplicantB
Respondent03
Procedural history
Posture
Family Law / Judgment
04
Questions and positions
Legal issues
- 01
Whether contact between the child and the respondent is in the best interests of the child
- 02
Whether the respondent should be granted contact with the child
Party arguments
- Applicant
- The applicant argued that contact with the respondent would not be in the best interests of the child due to concerns about the respondent's behaviour and its impact on the child.
- Respondent
- The respondent argued that contact is in the best interests of the child and that any concerns raised by the applicant are unfounded or exaggerated.
05
Court’s reasoning
Legal principles
- 01
Children (Scotland) Act 1995, section 11
The welfare of the child is the paramount consideration in contact and residence disputes.
- 02
Relevant case law interpreting the Children (Scotland) Act 1995
Contact should only be refused if it is clearly shown that it would not be in the child's best interests.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that, on the balance of evidence, contact between the respondent and the child would not promote the child's welfare and therefore should not be ordered.
Court disposition
Contact refused
- No order for contact between the respondent and the child
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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