AB against CD (Sheriff Court Civil) [2026] SCFAL 39 (12 November 2025)

AB against CD (Sheriff Court Civil) [2026] SCFAL 39 (12 November 2025)

The court found that the hostility and inability to co-operate between the parties, combined with the children's genuine opposition to contact and the risk of emotional harm, made it contrary to the children's welfare to order contact. Residence with the defender was in the children's best interests, and a specific issue order was necessary to facilitate holidays abroad without the pursuer's consent.

Citation
[2026] SCFAL 39
Parties
Pursuer: AB; Defender: CD
Jurisdiction
Scotland
Judgment Date
12 November 2025
Procedural Posture
Residence and Contact Order (section 11 Children (scotland) Act 1995) / Final Judgment After Proof
Outcome
Residence order granted in favour of the defender; no order for contact; specific issue order granted for travel abroad and passport applications.
Legal Topics
Residence Order, Contact Order, Parental Rights and Responsibilities, Parental Alienation, Specific Issue Order, Child Welfare, ADHD, Autistic Spectrum Disorder
Family Law Child Law Residence Order Contact Order Parental Rights and Responsibilities Parental Alienation Specific Issue Order Child Welfare +2 more

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Parties

AB

Pursuer

CD

Defender

Procedural Posture

Residence and Contact Order (section 11 Children (scotland) Act 1995) / Final Judgment After Proof

Legal Issues

  1. 1 Should a residence order be granted in favour of the defender?
  2. 2 Should contact between the pursuer and the children be ordered?
  3. 3 Should a specific issue order be granted to permit travel abroad without the pursuer's consent?

Ratio Decidendi

The court found that the hostility and inability to co-operate between the parties, combined with the children's genuine opposition to contact and the risk of emotional harm, made it contrary to the children's welfare to order contact. Residence with the defender was in the children's best interests, and a specific issue order was necessary to facilitate holidays abroad without the pursuer's consent.

Court Disposition

Residence order granted in favour of the defender; no order for contact; specific issue order granted for travel abroad and passport applications.

Orders

  • Residence order: EF (born 2013) and GH (born 2014) shall reside with the defender.
  • Specific issue order: Defender entitled to take EF and GH out of the United Kingdom for holidays during school holiday periods without pursuer's consent.