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Scotland Case Law

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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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Family law [2026] CSOH 27

ZS against TS (Court of Session)

ZS against TS (Court of Session) [2026] CSOH 27 (24 March 2026)

A Scottish court refused a father's contact application after finding the younger child's objections to contact were genuinely held and not the result of improper influence.

  • Contact orders
  • Welfare of the child
  • Children's views
  • International family arrangements
  • Contact-orders
  • Child-welfare
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Family law [2026] SACCIV 15

JK and PK against EM and TM re D (Sheriff Appeal Court Civil)

JK and PK against EM and TM re D (Sheriff Appeal Court Civil) [2026] SACCIV 15 (17 February 2026)

Sheriff Appeal Court refused an appeal against adoption orders, holding that dispensing with parental consent met the statutory welfare test and that no post-adoption contact order was justified.

  • Adoption
  • Dispensing with parental consent
  • Welfare of the child
  • Proportionality
  • Necessity test
  • Post-adoption contact
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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] 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
  • 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 [2025] SACCIV 30

SJP against KAP and another (Sheriff Appeal Court Civil)

SJP against KAP and another (Sheriff Appeal Court Civil) [2025] SACCIV 30 (04 September 2025)

The Sheriff Appeal Court refused an appeal about residence and contact orders, holding the sheriff had properly applied the child welfare test and her discretion was not plainly wrong.

  • Child residence orders
  • Contact orders
  • Parental responsibilities
  • Domestic abuse
  • Welfare of the child
  • Section 11 children (scotland) act 1995
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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] 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 [2023] ScotCS CSOH_80

M AGAINST A

M AGAINST A [2023] ScotCS CSOH_80 (16 November 2023)

The Court of Session refused a father’s request to relocate two children from Aberdeen to Glasgow, holding their welfare was best served by staying put.

  • Child relocation
  • Parental responsibilities
  • Welfare of the child
  • Specific issue order
  • Child-relocation
  • Specific-issue-order
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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.