SAN v. KJN [2014] ScotSC 16 (22 January 2014)

SAN v. KJN [2014] ScotSC 16 (22 January 2014)

It is not in the best interests of the children to extinguish the defender's parental rights and responsibilities or to grant the pursuer unilateral right to change their surnames; regulation of parental rights and responsibilities by interdict and order is appropriate to secure the welfare of the children.

Citation
[2014] ScotSC 16
Parties
Pursuer and Minuter: SAN; Defender: KJN
Jurisdiction
Scotland
Judgment Date
22 January 2014
Procedural Posture
Family Law Parental Rights and Responsibilities Regulation / Final Judgment
Outcome
Pleas in law for pursuer repelled; pleas in law for defender sustained; court regulates parental rights and responsibilities ex proprio motu; no expenses awarded.
Legal Topics
Parental Rights and Responsibilities, Child Welfare, Change of Surname, Contact Orders, Interdicts
Family Law Parental Rights and Responsibilities Child Welfare Change of Surname Contact Orders Interdicts

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Parties

SAN

Pursuer and Minuter

KJN

Defender

Procedural Posture

Family Law Parental Rights and Responsibilities Regulation / Final Judgment

Legal Issues

  1. 1 Should the defender's parental rights and responsibilities be extinguished?
  2. 2 Should the pursuer be granted unilateral right to change the children's surnames?
  3. 3 Should the court regulate parental rights and responsibilities by interdict and order?

Ratio Decidendi

It is not in the best interests of the children to extinguish the defender's parental rights and responsibilities or to grant the pursuer unilateral right to change their surnames; regulation of parental rights and responsibilities by interdict and order is appropriate to secure the welfare of the children.

Court Disposition

Pleas in law for pursuer repelled; pleas in law for defender sustained; court regulates parental rights and responsibilities ex proprio motu; no expenses awarded.

Orders

  • Interdicts defender from seeking information about the children from schools or health professionals without written agreement of pursuer.
  • Interdicts defender from initiating or attempting to initiate direct contact with the children without written agreement of pursuer.