X v Y [2020] SC STI 07

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2020scsti07.pdf (Sheriffdom of Tayside Central and Fife at Stirling, 15 April 2019)

A judgment issued by Sheriff SG Collins QC in the case of X v Y [2020] SC STI 07 has clarified the matters to be considered when making decisions in respect to disputes over the temporary relocation of a child.
The case in question involved, inter alia, craves by the child’s mother for specific issue orders (i) requiring the child’s father to cooperate in obtaining a passport for the child, and (ii) allowing the mother to take the child to India for the purposes of a holiday.
In consideration of these craves, the Sheriff noted that reported cases on temporary relocation in Scotland were sparse. Reference was given to the jurisprudence of the English courts in these matters prior to clarification of the matters to be considered when determining these issues in the Scottish courts.
At paragraph 16 of the judgment, Sheriff SG Collins QC clarified that the primary question for Scottish Court in such matters was an assessment of the best interests of the child. In temporary relocation cases in particular, this involved consideration of matters such as: (i) the child’s present circumstances in the UK, (ii) the benefits to be gained from temporary relocation, (iii) the dis-benefits of relocation, (iv) the risk of non-return, and (v) the dis-benefits to the child if non-return were to occur.

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