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Scotland Case Law

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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] 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
  • Child-residence
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Family law [2026] SCOH 1

Petition of City of Edinburgh Council for a permanence order with ancillary provisions and authority for the child to be adopted in terms of section 80 of the Adoption and Children (Scotland) Act 2007 In respect of the child X (Court of Session)

Petition of City of Edinburgh Council for a permanence order with ancillary provisions and authority for the child to be adopted in terms of section 80 of the Adoption and Children (Scotland) Act 2007 In respect of the child X (Court of Session) [2026] SCOH 1 (13 January 2026)

Court of Session granted a permanence order and authority to adopt a child with complex neurodivergent needs, finding return to the mother would be seriously detrimental.

  • Permanence orders
  • Adoption
  • Parental rights and responsibilities
  • Dispensing with parental consent
  • Child welfare
  • Neurodivergence and special needs
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Family law [2026] SACCIV 6

Angela Carson against Catherine Innes and others (Sheriff Appeal Court Civil)

Angela Carson against Catherine Innes and others (Sheriff Appeal Court Civil) [2026] SACCIV 6 (17 December 2025)

Appeal allowed in a child residence dispute after the sheriff used an incompetent hybrid procedure and failed to resolve key welfare issues.

  • Child residence
  • Parental rights and responsibilities
  • Contact orders
  • Procedural competence
  • Appeal procedure
  • Child-residence
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Family law [2026] SCFAL 39

AB against CD (Sheriff Court Civil)

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

The court granted residence to the defender, refused contact with the pursuer, and allowed the defender to take the children abroad without consent.

  • Residence order
  • Contact order
  • Parental rights and responsibilities
  • Parental alienation
  • Specific issue order
  • Child welfare
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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 [2025] SCFAL 103

AB against CD (Sheriff Court Civil)

AB against CD (Sheriff Court Civil) [2025] SCFAL 103 (31 October 2025)

Residence and contact dispute: the court granted residence to the defender, refused contact to the pursuer, and allowed holiday travel without consent.

  • Residence order
  • Contact order
  • Parental rights and responsibilities
  • Specific issue order
  • Welfare of the child
  • Parental alienation
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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
  • Child-contact
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Family law [2025] SCAIR 48

C against D (Sheriff Court Civil)

C against D (Sheriff Court Civil) [2025] SCAIR 48 (04 August 2025)

A sheriff refused to vary a prior order on a child’s primary school, finding no material change in circumstances and favouring stability and continuity.

  • Specific issue order
  • Parental rights and responsibilities
  • School placement
  • Welfare principle
  • Child-law
  • Family-law
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Family law [2024] SACCIV 38

Glasgow City Council against MM (Sheriff Appeal Court Civil)

Glasgow City Council against MM (Sheriff Appeal Court Civil) [2024] SACCIV 38 (12 August 2024)

The Sheriff Appeal Court held that section 81(1) of the 2007 Act is not severable, so a permanence order could not competently be made for a child over 16.

  • Permanence orders
  • Adoption and children (scotland) act 2007
  • Parental rights and responsibilities
  • Competency of orders
  • Statutory construction
  • Permanence-orders
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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.