PRRs Flashcards
M v M
Relocation to Spain
The court set out the authority for all future relocation cases. This includes the considerations for the court; child’s views, what is best for the child’s welfare, contact with the other parent, whether it reasonable and what the effect of granting/not granting the order would be.
Held - The relocation order was not granted.
McKechnie v McKechnie
Residence - Jehovah Witness
The father was a Jehovah and wanted residence of his child but his religious beliefs were in question as they do not believe in blood transfusions.
Held - The father did not get residence of the child
F v F
Specific Issue Order - MMR Vaccine
One parent wanted them to have that vaccine, the other did not and either did the children.
Held - The children would have the vaccine for their own health.
However, if the children weren’t to get it, the court couldn’t do anything as the children were not a party to the order.
B v G 2011
Contact Order
The mother had been ordered to let her ex-partner see the children, she refused to do this. She was sentenced to prison for two months. She asked the court perform their noble office and reduce the remedy.
Held - The court would not do so as she had not done as they had asked.
Fourman v Fourman
Specific Issue Order - Relocation
The Scottish father sought an interdict to prevent the Australian mother moving back to Australia with the child.
X v Y
S11 order - claims an interest
Female couple had a baby thanks to a sperm donor.
D v Grampian
Mother gave up the child for adoption. Asked court to give her back PRRs as cleaned up life. Not allowed.
LO v N
Mum was able to get the PRRs as the adoption never actually went ahead.
D v H
Brother, 15, applied for PRRs for 5 year old sister. Held application to be incompetent - apply again after turned 16.
E v E
Girl, 14, had two younger half sisters but hadn’t seen them since divorce.
Court had two options; (1) grant PRRs or, (2) order parents to let her see siblings.
Application was successful.
Clayton v Clayton
married couple separating but the 72 year old dad started criticising all of the mum’s decisions. Held that the mum was the residing parent so her decision was final.
M v C
married couple separating, child brought up catholic, dad didn’t want this anymore. Held that you were happy before so don’t start complaining now.
S v S
mum didn’t want her children to go to a non-denominational nursery as they celebrate christian holidays.
Held - the children are too young to understand, they can go to the nursery and later decide their own views.
B v Harris
parent belted 9 year old over the thigh.
held - assault
