Young v Young [2023] SC ABE 31

Child contact structured across two cities following relocation

Background

This case concerned a child contact dispute between separated parents living in different parts of Scotland. The father, based in Aberdeen, raised proceedings seeking regular weekend contact with his son, aged 7. The mother had moved to Dundee after the separation and opposed contact in Aberdeen on the basis of the child’s routine and practical inconvenience.

There had been historical difficulties around communication and handover arrangements, though both parties remained involved in the child’s upbringing.

Key legal issues

The central issue for determination was how best to structure contact in a way that promoted the child’s welfare under section 11 of the Children (Scotland) Act 1995. The Sheriff was also required to assess the practicalities of long-distance parenting and whether the father’s proposed contact pattern would be in the child’s best interests.

The mother sought a more limited form of contact in Dundee only, while the father proposed alternating weekends in each location.

Decision

The Sheriff found that the child was benefiting from consistent contact with both parents and that regular overnight stays with his father were in his best interests. A structured contact order was made, providing for contact in Dundee and Aberdeen on alternating weekends, with a detailed holiday schedule to reduce travel burden during school term.

The Sheriff commended both parties for presenting their positions constructively and emphasised the importance of parental flexibility. The order included guidance on travel, communication protocols, and the use of video calls during off-weeks.

Conclusion

This case demonstrates how the courts seek to balance stability and continuity of care with the need to preserve strong relationships across distance. It reinforces the principle that the welfare of the child remains paramount, and that shared parenting can succeed with cooperation and detailed planning.

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Case name: Young v Young [2023] SC ABE 31 Date of decision: 28 Jun 2023 Court: Aberdeen Sheriff Court Judge: Sheriff Graham View Judgement

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