Scotland Judgment

L AGAINST B [2017] ScotSC 79 (12 September 2017)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

B

Respondent

03

Procedural history

  1. Posture

    Family Law / Judgment

04

Questions and positions

Legal issues

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

  1. 01

    Children (Scotland) Act 1995, section 11

    The welfare of the child is the paramount consideration in contact and residence disputes.

  2. 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 reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2017] ScotSC 79

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Children (Scotland) Act 1995

Legislation

Legislation referenced in the available case record.

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