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Scotland Case Law

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Family-law [2026] SCHAM 58

F against M (Sheriff Court Civil)

F against M (Sheriff Court Civil) [2026] SCHAM 58 (21 April 2026)

The sheriff granted unsupervised non-residential contact between a father and his autistic child, but refused residential contact because of unresolved alcohol concerns.

  • Child-contact
  • Specific-issue-order
  • Parental-responsibility
  • Autism-and-child-welfare
  • Alcohol-misuse-and-parenting
  • Alcohol-misuse
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Family-law [2026] CSOH 36

Petition of GNO for orders under the Child Abduction and Custody Act 1985 (Court of Session)

Petition of GNO for orders under the Child Abduction and Custody Act 1985 (Court of Session) [2026] CSOH 36 (07 April 2026)

The Court of Session made contact and passport orders for a child in a Hague Convention access dispute, but refused additional contact days.

  • Child-contact
  • Specific-issue-order
  • Passport-retention
  • Welfare-of-the-child
  • Hague-convention-1980
  • Children-(scotland)-act-1995
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Criminal-law [2026] SACCRIM 8

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal)

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal) [2026] SACCRIM 8 (02 April 2026)

The Sheriff Appeal Court refused an appeal against refusal to vary a non-harassment order to permit contact with a child, holding there was no material change of circumstances.

  • Non-harassment-orders
  • Domestic-abuse
  • Contact-with-children
  • Article-8-echr
  • Uncrc-compliance
  • Variation-of-orders
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Family-law [2026] SCAIR 30

AJ against CF and another (Sheriff Court Civil)

AJ against CF and another (Sheriff Court Civil) [2026] SCAIR 30 (20 February 2026)

A Scottish sheriff ordered residence with the mother and only indirect contact by letters/cards for the grandmother and father, finding direct contact contrary to the child’s welfare.

  • Child-residence
  • Child-contact
  • Parental-responsibilities-and-rights
  • Domestic-abuse
  • Indirect-contact
  • Best-interests-of-the-child
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Family-law [2026] SCDUN 26

G against H (Sheriff Court Civil)

G against H (Sheriff Court Civil) [2026] SCDUN 26 (14 January 2026)

Sheriff Murray granted residence of a child to the pursuer and refused the defender’s request for contact, citing abuse, welfare concerns, and limited weight to the child’s views.

  • Child-residence
  • Child-contact
  • Domestic-abuse
  • Parental-rights-and-responsibilities
  • Best-interests-of-the-child
  • Parental-responsibilities
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Family-law [2026] SCFOR 7

SM against JD (Sheriff Court Civil)

SM against JD (Sheriff Court Civil) [2026] SCFOR 7 (24 November 2025)

The sheriff refused a father's request for direct contact with his son, finding the child's opposition genuine, independent and consistent with his welfare.

  • Child-contact
  • Parental-responsibilities-and-rights
  • Domestic-abuse
  • Welfare-of-the-child
  • Non-harassment-order
  • Parental-rights
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Family-law [2026] SCPER 15

SA against LT (Sheriff Court Civil)

SA against LT (Sheriff Court Civil) [2026] SCPER 15 (04 November 2025)

Sheriff McKay refused contact between a father and his two sons, declined to deprive him of parental rights, and refused to change the children’s surname.

  • Contact-orders
  • Parental-rights-and-responsibilities
  • Child-welfare
  • Domestic-abuse
  • Best-interests-of-the-child
  • Child-contact
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Family-law [2026] SCDUNF 21

GM against LJ (Sheriff Court Civil)

GM against LJ (Sheriff Court Civil) [2026] SCDUNF 21 (27 October 2025)

The sheriff found no proved sexual abuse by the child’s half-brother and granted the father regular contact, including contact when the brother is present, plus travel authority.

  • Child-contact
  • Residence-orders
  • Specific-issue-orders
  • Allegations-of-abuse
  • Parental-rights-and-responsibilities
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Family-law [2026] SCSTI 1

F against T (Sheriff Court Civil)

F against T (Sheriff Court Civil) [2026] SCSTI 1 (10 October 2025)

The sheriff granted divorce, ordered sale of the jointly owned matrimonial home with equal division of proceeds, and made second-weekend contact orders for the child.

  • Divorce
  • Matrimonial-property
  • Child-contact
  • Division-and-sale-of-matrimonial-home
  • Matrimonial-home
  • Division-and-sale
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Family-law [2025] SCLIV 87

ABC against DEF (Sheriff Court Civil)

ABC against DEF (Sheriff Court Civil) [2025] SCLIV 87 (12 August 2025)

In a child contact dispute, the sheriff found on the balance of probabilities that the father sexually assaulted the child in August 2020 and March 2021.

  • Child-contact
  • Sexual-abuse-allegations
  • Standard-of-proof-in-civil-cases
  • Credibility-and-reliability-of-witnesses
  • Civil-standard-of-proof
  • Witness-credibility
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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.