CT against DT (Sheriff Court Civil) [2026] SCAIR 3 (18 November 2025)

CT against DT (Sheriff Court Civil) [2026] SCAIR 3 (18 November 2025)

It is not in the children's best interests to make an order for direct contact with the defender due to proven abusive behaviour, lack of insight, and practical hurdles. Indirect contact via email is permitted to maintain an avenue for contact, consistent with general principles of child welfare.

Citation
[2026] SCAIR 3
Parties
Pursuer: CT; Defender: DT
Jurisdiction
Scotland
Judgment Date
18 November 2025
Procedural Posture
Civil Family Law / Final Judgment
Outcome
Residence order granted in favour of pursuer; indirect contact order granted in favour of defender; no order for direct contact; no expenses due to or by either party.
Legal Topics
Residence Order, Contact Order, Child Abuse, Domestic Violence
Family Law Child Welfare Residence Order Contact Order Child Abuse Domestic Violence

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Parties

CT

Pursuer

DT

Defender

Procedural Posture

Civil Family Law / Final Judgment

Legal Issues

  1. 1 Should a residence order be granted in favour of the pursuer?
  2. 2 Should direct or indirect contact be ordered for the defender?
  3. 3 Is it in the best interests of the children to have contact with the defender given proven abuse?

Ratio Decidendi

It is not in the children's best interests to make an order for direct contact with the defender due to proven abusive behaviour, lack of insight, and practical hurdles. Indirect contact via email is permitted to maintain an avenue for contact, consistent with general principles of child welfare.

Court Disposition

Residence order granted in favour of pursuer; indirect contact order granted in favour of defender; no order for direct contact; no expenses due to or by either party.

Orders

  • Residence order in terms of section 11(2)(c) of the Children (Scotland) Act 1995 in favour of pursuer.
  • Order for indirect contact: defender entitled to email children three times per year and on their birthdays via a bespoke email address set up by pursuer.