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Scotland Case Law

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Family law [2026] SCALL 44

S against B (Sheriff Court Civil)

S against B (Sheriff Court Civil) [2026] SCALL 44 (04 February 2026)

A Scottish sheriff refused a mother's application to relocate her 5-year-old child to Canada, holding the move would imperil the child’s close relationship with her father and family.

  • Child relocation
  • Residence orders
  • Contact orders
  • Welfare of the child
  • Best interests principle
  • Child-relocation
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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 53

A against B (Sheriff Court Civil)

A against B (Sheriff Court Civil) [2025] SCAIR 53 (14 July 2025)

The sheriff made a joint residence order for a young child, placing her with the father during school weeks and the mother at weekends and holidays.

  • Residence orders
  • Child welfare
  • Parental responsibility
  • Contact arrangements
  • Children (scotland) act 1995
  • Residence-orders
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Family law [2025] SCHAM 2

X against Z (Sheriff Court Civil)

X against Z (Sheriff Court Civil) [2025] SCHAM 2 (28 May 2025)

The sheriff granted supervised contact between a father and his daughter, awarded residence to the mother, and declined interdict, applying the child welfare test.

  • Contact orders
  • Residence orders
  • Parental responsibilities
  • Domestic abuse
  • Child welfare
  • Supervised contact
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Family law [2024] SACCIV 36

Appeal in the cause JM against KB and EH (Sheriff Appeal Court Civil)

Appeal in the cause JM against KB and EH (Sheriff Appeal Court Civil) [2024] SACCIV 36 (01 August 2024)

The Sheriff Appeal Court held that the appeal was incompetent because the child had turned 16, so the residence and contact orders sought could no longer be granted.

  • Residence orders
  • Contact orders
  • Parental rights and responsibilities
  • Legal capacity of children
  • Appeal competency
  • Family-law
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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] ScotSAC Civ 28

APPEAL BY AND v KWL

APPEAL BY AND v KWL [2021] ScotSAC Civ 28 (22 July 2021)

A Sheriff Appeal Court civil appeal about child contact and welfare. The court held the sheriff had not erred in law and refused the appeal.

  • Child contact
  • Residence orders
  • Appeal procedure
  • Family-law
  • Child-contact
  • Residence-orders
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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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Family law [2016] ScotSC 38

GM AGAINST MB AND AS

GM AGAINST MB AND AS [2016] ScotSC 38 (18 May 2016)

Sheriff court decision on whether three child witnesses should give evidence with special measures in family proceedings, including a self-represented defender.

  • Special measures for child witnesses
  • Vulnerable witnesses (scotland) act 2004
  • Parental rights and responsibilities
  • Residence orders
  • Interdict
  • Self-represented litigants
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Family law [2016] ScotSC 23

C AGAINST S

C AGAINST S [2016] ScotSC 23 (29 March 2016)

A Scottish sheriff ordered gradual contact between a father and child, made residence orders in the mother’s favour, and banned both parents from derogatory remarks.

  • Contact orders
  • Residence orders
  • Parental responsibilities and rights
  • Child welfare
  • Mental health and parenting
  • Child-contact
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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.