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Scotland Case Law

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Family law [2024] ScotCS CSOH_38

M AGAINST A

M AGAINST A [2024] ScotCS CSOH_38 (28 March 2024)

The court granted the mother residence of two children, refused the father's relocation request to Qatar, and set contact and holiday arrangements.

  • Residence order
  • Specific issue order
  • International relocation
  • Allegations of domestic abuse
  • Contact arrangements
  • Child-residence
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Family law [2013] ScotCS CSOH_79

HJM v LS

HJM v LS [2013] ScotCS CSOH_79 (28 May 2013)

The court largely maintained a child contact order, allowing only a limited change to the contact period and allocating travel costs to the petitioner for a time.

  • Child contact
  • Variation of contact orders
  • Cross-border enforcement
  • Competence of proceedings
  • Child-contact
  • Variation-of-orders
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Family law [2007] ScotSC 1

Bennett v. Bennett

Bennett v. Bennett [2007] ScotSC 1 (15 January 2007)

Appeal in a child residence and contact dispute refused. The sheriff principal held that the Scottish court was forum non conveniens because the child had lived in London for over six years.

  • Forum non conveniens
  • Residence order
  • Contact order
  • Jurisdiction over child welfare
  • Cross-border child abduction
  • Forum-non-conveniens
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Family law [2005] ScotSC 5

Bennett v Bennett

Bennett v Bennett [2005] ScotSC 5 (18 January 2005)

Appeal refused in a family-law stay dispute. The sheriff principal upheld the sist pending English proceedings over child residence and welfare, awarding expenses against the pursuer.

  • Sist (stay) of proceedings
  • Forum non conveniens
  • Jurisdictional conflict between scottish and english courts
  • Child residence orders
  • Appeal procedure
  • Family-law
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Family law [1998] ScotCS CSIH_119

Osborne v Matthan (No. 2)

Osborne v Matthan (No. 2) [1998] ScotCS CSIH_119 (12 May 1998)

Appeal over child custody dismissed. The court held that Fiona’s welfare justified leaving her with Mrs Osborne, despite the mother’s parental rights and racial issues.

  • Parental rights
  • Child welfare
  • Custody by non-parent
  • Best interests of the child
  • Racial and cultural heritage in custody
  • Child-custody
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Family law [1920] ScotLR 295

Low Petitioner

Low Petitioner [1920] ScotLR 295 (06 March 1920)

A Scottish custody petition was granted after the child was taken from Scotland to England. The court ordered recovery of the child and delivery to the petitioner.

  • Custody of child
  • Guardianship
  • Removal from jurisdiction
  • Fitness of guardian
  • Child-custody
  • Removal-from-jurisdiction
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Family law [1918] ScotLR 13

O'Donnell and Others v. O'Donnell

O'Donnell and Others v. O'Donnell [1918] ScotLR 13 (29 October 1918)

The Court of Session awarded custody of orphaned children to their maternal grandmother, holding that the deceased father’s wish for their Catholic upbringing should prevail.

  • Custody of orphan pupils
  • Religious upbringing of children
  • Parent and child
  • Minor and pupil
  • Child-custody
  • Religious-upbringing
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Family law [1906] ScotLR 43_371

Guthrie v. Guthrie

Guthrie v. Guthrie [1906] ScotLR 43_371 (09 February 1906)

The Inner House granted a warrant to recover a child and deliver her to the father after the mother absconded, holding the order was competently made only by the Inner House.

  • Custody of child
  • Enforcement of custody orders
  • Failure to deliver child
  • Jurisdiction of inner house
  • Child-custody
  • Custody-order-enforcement
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Family law [1903] ScotLR 40_446

Alexander Petitioner

Alexander Petitioner [1903] ScotLR 40_446 (10 March 1903)

The Court of Session granted custody of two orphaned children to their paternal grandfather, finding their welfare and likely material advantage outweighed the maternal uncle’s claim.

  • Custody of orphans
  • Welfare of the child
  • Religious upbringing
  • Tutor-at-law
  • Guardianship
  • Child-custody
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Family law [1902] ScotLR 40_87

A v. B

A v. B [1902] ScotLR 40_87 (12 November 1902)

A father convicted of theft was granted custody of his young child after the court found no further evidence of unfitness and ordered the mother to deliver the child up.

  • Custody of legitimate children
  • Parental rights
  • Fitness of parent
  • Effect of criminal conviction on custody
  • Child-custody
  • Parental-rights
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