DB against KO
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judge | Lady Tait |
| Judgment Date | 04 August 2026 |
| Neutral Citation | [2026] CSOH 72 |
| Date | 04 August 2026 |
| Published date | 04 August 2026 |
| Docket Number | F138/25 |
OUTER HOUSE, COURT OF SESSION
[2026] CSOH 72
F138/25
OPINION OF LADY TAIT
In the cause
DB
Pursuer
against
KO
Defender
Pursuer: Aitken; Burness Paull LLP
Defender: Hogg; Drummond Miller LLP
4 August 2026
Introduction
[1] The disputed issue is contact between the parties’ son, NB born March 2022, and the
pursuer. The pursuer is the child’s father. He seeks residential contact which is consistent
with his shift rota and additional holiday contact. He seeks related specific issue orders to
allow holiday contact to take place outwith the UK.
[2] The parties were in a relationship from December 2019 until they separated in
December 2024. Since separation, the child has resided with the defender. The parties
agreed contact arrangements in terms of which there was residential contact between the
child and the pursuer. The defender stopped contact on 27 October 2025 after it is claimed
2
that the child alleged sexual conduct towards him by the pursuer. Further, the pursuer is
subject to an undertaking to appear at Paisley Sheriff Court on charges of threatening and
abusive behaviour and domestically abusive behaviour. The charges relate to the defender
and a third party. The pursuer is subject to a condition not to approach, contact or
communicate with the defender.
[3] On 9 January 2026, an interim order was made for contact with the pursuer on a
minimum of one and a maximum of two occasions per week for a period of 1 hour to be
supervised by Renfrewshire Council.
The law
[4] The pursuer seeks orders in terms of section 11(2)(d) and (e) of the Children
(Scotland) Act 1995 (“the 1995 Act”) which provide as follows:
“(2) The court may make such order under subsection (1) above as it thinks fit; and
without prejudice to the generality of that subsection may in particular so make
any of the following orders—
…
(d) an order regulating the arrangements for maintaining personal relations
and direct contact between a child under that age and a person with
whom the child is not, or will not be, living (any such order being known
as a ‘contact order’);
(e) an order regulating any specific question which has arisen, or may arise,
in connection with any of the matters mentioned in paragraphs (a) to (d)
of subsection (1) of this section (any such order being known as a ‘specific
issue order’)”
[5] The test to be applied by the court is set out in section 11(7) which provides:
“…in considering whether or not to make an order under subsection (1) above and
what order to make, the court—
(a) shall regard the welfare of the child concerned as its paramount consideration
and shall not make any such order unless it considers that it would be better
for the child that the order be made than that none should be made at all, and
3
(b) taking account of the child’s age and maturity, shall so far as practicable—
(i) give him an opportunity to indicate whether he wishes to express his
views;
(ii) if he does so wish, give him an opportunity to express them; and
(iii) have regard to such views as he may express.”
[6] In terms of section 11(7A) in carrying out the duties imposed by subsection (7)(a)
above, the court is directed to have regard to the matters set out in subsections (7B) to (7E)
which provide:
“(7B) Those matters are—
(a) the need to protect the child from—
(i) any abuse; or
(ii) the risk of any abuse,
which affects, or might affect, the child;
(b) the effect such abuse, or the risk of such abuse, might have on the child;
(c) the ability of a person—
(i) who has carried out abuse which affects or might affect the child;
or
(ii) who might carry out such abuse,
to care for, or otherwise meet the needs of, the child; and
(d) the effect any abuse, or the risk of any abuse, might have on the carrying
out of responsibilities in connection with the welfare of the child by a
person who has (or, by virtue of an order under subsection (1), would
have) those responsibilities.
(7C) In subsection (7B) above—
‘abuse’ includes —
(a) violence, harassment, threatening conduct and any other conduct giving
rise, or likely to give rise, to physical or mental injury, fear, alarm or
distress;
(b) abuse of a person other than the child; and
(c) domestic abuse;
‘conduct’ includes—
(a) speech; and
(b) presence in a specified place or area.
(7D) Where—
(a) the court is considering making an order under subsection (1) above; and
(b) in pursuance of the order two or more relevant persons would have to
co-operate with one another as respects matters affecting the child, the
court shall consider whether it would be appropriate to make the order.
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