Mr Ahmad (a pseudonym) v Mrs Ahmad (a pseudonym) [2019] SC GLA 96 (15 November 2019, Sheriff Court)

Glasgow Sheriff Court, following consideration of the matters set out in Section 11(7) of the Children (Scotland) Act 1995, has concluded that neither direct nor indirect contact should be granted to a Pursuer in an action for contact.  

While the Court noted that several factors taken together would justify the refusal of an order, “the pursuer’s motivation and his lack of commitment to or interest in [his child]” left the Court with “no confidence that the pursuer [would] remain involved in [his child’s] life”. In light of this, the Court determined that contact with the pursuer would be contrary to the paramount interests of the child. While the court accepted that indirect contact may provide the child with a greater sense of identity, self-esteem and self-worth, it also considered that it, ‘is likely also to lead to disappointment, confusion, hurt and rejection if [indirect] contact is not maintained’. 

This is a particularly interesting conclusion in light of the proposed amendments to Section 11 under Section 12(2) of the Children (Scotland) Bill. 

Read the decision here

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