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Scotland Case Law

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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
  • Child-residence
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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 [2025] SCPHD 18

KB against EL and LJ (Sheriff Court Civil)

KB against EL and LJ (Sheriff Court Civil) [2025] SCPHD 18 (18 March 2025)

Sheriff McDonald granted a residence order for the children to live with their mother, refused contact with the father at present, and granted interdict against removal from her care.

  • Child residence
  • Child contact
  • Domestic abuse
  • Parental responsibilities and rights
  • Interdicts
  • Welfare of the child
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Family law [2024] SAC CIV 32

LM against GR and Jacqueline Pringle (Sheriff Appeal Court Civil)

LM against GR and Jacqueline Pringle (Sheriff Appeal Court Civil) [2024] SAC CIV 32 (18 July 2024)

Appeal in a child residence dispute refused. The court held there was enough recent evidence and the child’s views to decide without proof.

  • Child residence
  • Best interests of the child
  • Procedural fairness
  • Delay in proceedings
  • Child-residence
  • Best-interests-of-the-child
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Family law [2024] ScotSAC Civ 1

S v M

S v M [2024] ScotSAC Civ 1 (05 Janurary 2024)

The Sheriff Appeal Court dismissed an appeal over a child's residence and contact, holding that the sheriff correctly applied the welfare test under the Children (Scotland) Act 1995.

  • Child residence
  • Contact orders
  • Welfare of the child
  • Family-law
  • Child-residence
  • Contact-orders
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Family law [2024] SC DUN 23

PD AGAINST SS

PD AGAINST SS [2024] SC DUN 23 (03 May 2024)

A Dundee Sheriff Court granted a primary residence order in favour of the mother after finding it was better for the child’s welfare than no order.

  • Child residence
  • Parental responsibility
  • Best interests of the child
  • Contact arrangements
  • Child-residence
  • Contact-arrangements
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Family law [2024] SC DUN 23

PD AGAINST SS

PD AGAINST SS [2024] SC DUN 23 (03 May 2024)

The sheriff granted a primary residence order for a child to live with his mother, finding that this best served his welfare, stability, and day-to-day care.

  • Child residence
  • Parental responsibility
  • Best interests of the child
  • Contact arrangements
  • Domestic abuse and child welfare
  • Child-residence
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Family law [2023] ScotSAC Civ 31

APPEAL IN THE CAUSE TH v VH

APPEAL IN THE CAUSE TH v VH [2023] ScotSAC Civ 31 (07 November 2023)

The Sheriff Appeal Court refused a family law appeal, affirming residence and contact orders after holding that the sheriff had properly considered the child’s welfare.

  • Child residence
  • Contact orders
  • Appeal procedure
  • Family-law
  • Child-residence
  • Contact-orders
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Family law [2023] ScotCS CSOH_72

W AGAINST W

W AGAINST W [2023] ScotCS CSOH_72 (13 October 2023)

Divorce was granted, but the court refused the defender’s request to relocate the child to France, holding the child’s welfare was best served by the existing shared care.

  • Divorce
  • Child residence
  • Child contact
  • Relocation of child
  • Parental responsibilities and rights
  • Family-law
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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.