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Scotland Case Law

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Family law [2026] SCAIR 3

CT against DT (Sheriff Court Civil)

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

A Scottish sheriff granted the mother residence of three children, refused direct contact to the father because of proven abuse, and allowed limited email contact.

  • Residence order
  • Contact order
  • Child abuse
  • Domestic violence
  • Child-custody
  • Contact-order
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Family law [2025] SCHAM 61

PK against SK (Sheriff Court Civil)

PK against SK (Sheriff Court Civil) [2025] SCHAM 61 (12 August 2025)

The sheriff varied a child contact order to nil after finding the child’s and mother’s opposition created an insuperable barrier to contact.

  • Child contact
  • Parental responsibility
  • Domestic abuse
  • Non-harassment order
  • Variation of contact order
  • Child-contact
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Family law [2025] SACCIV 20

CO against TL (Sheriff Appeal Court Civil)

CO against TL (Sheriff Appeal Court Civil) [2025] SACCIV 20 (17 July 2025)

Appeal refused in a child residence and relocation dispute. The court upheld orders allowing the child to live with the father in Denmark and rejected errors of law and fact.

  • Residence order
  • Specific issue order
  • Child relocation
  • Hague convention
  • Section 11 children (scotland) act 1995
  • Article 8 echr
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Tort [2024] ScotCS CSOH_35

TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL

TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL [2024] ScotCS CSOH_35 (26 March 2024)

The Court of Session allowed proof before answer in a damages claim over a child’s death in kinship care, finding factual issues on duty, vicarious liability, and causation.

  • Vicarious liability
  • Duty of care
  • Kinship care
  • Negligence
  • Statutory obligations
  • Scope of duty
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Family law [2024] ScotCS CSOH_21

R AGAINST S

R AGAINST S [2024] ScotCS CSOH_21 (28 February 2024)

The court granted the mother residence and permission to relocate two young children from Scotland to Australia, and refused the father's contact request for now.

  • Child residence order
  • International relocation of children
  • Parental responsibilities and rights
  • Contact orders
  • Domestic abuse
  • Child welfare principle
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Family law [2022] ScotSAC Civ 22

PETITION OF HIGHLAND COUNCIL FOR A PERMANENCE ORDER RE THE CHILD A

PETITION OF HIGHLAND COUNCIL FOR A PERMANENCE ORDER RE THE CHILD A [2022] ScotSAC Civ 22 (12 July 2022)

The Sheriff Appeal Court affirmed a permanence order for Child A, holding that the child’s welfare required the order and removal of the parents’ rights.

  • Permanence order
  • Parental rights
  • Child protection
  • Permanence-order
  • Child-welfare
  • Parental-rights
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Family law [2021] ScotCS CSIH_69

City of Wolverhampton Council v The Lord Advocate & Anor

City of Wolverhampton Council v The Lord Advocate & Anor [2021] ScotCS CSIH_69 (23 December 2021)

The Court of Session authorized a vulnerable child's cross-border placement in Scotland for three months and discussed interim safeguards pending legislation.

  • Deprivation of liberty
  • Placement of children
  • Judicial monitoring
  • Cross-border procedures
  • Statutory lacuna
  • Uncrc compliance
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Family law [2021] CSIH 52 F85

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW

APPEAL BY BFH AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2021] ScotCS CSIH_51 (05 October 2021)

The Inner House allowed a reclaiming motion, holding that a child-return application was not academic despite the child’s grant of asylum.

  • Specific issue orders
  • Asylum and refugee status
  • Child's best interests
  • Competency of proceedings
  • Specific-issue-orders
  • Asylum-and-refugee-status
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Family law [2021] ScotCS CSOH_97

MR H AGAINST MRS W

MR H AGAINST MRS W [2021] ScotCS CSOH_97 (01 October 2021)

A Scottish relocation dispute over two children with refugee status, where the father sought their return to Dubai and the mother sought to keep them in Scotland.

  • Residence orders
  • Specific issue orders
  • Parental rights and responsibilities
  • Relocation
  • Asylum and refugee status
  • Female genital mutilation (fgm)
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Family law [2021] ScotCS CSOH_71

AH AGAINST SH

AH AGAINST SH [2021] ScotCS CSOH_71 (16 July 2021)

The court refused a relocation application to England, but made residence and contact orders, and declined specific issue orders on schooling.

  • Residence orders
  • Contact orders
  • Relocation
  • Schooling
  • Domestic abuse
  • Substance misuse
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.