Jq V Cc
| Jurisdiction | Scotland |
| Judge | Sheriff Aisha Y Anwar |
| Court | Sheriff Court |
| Docket Number | F1467/07 |
| Date | 01 March 2016 |
| Published date | 10 March 2016 |
SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW
F1467/07
JUDGMENT OF SHERIFF AISHA Y ANWAR
in the cause
JQ
Pursuer
against
CC
Defender
Act: Moss, Solicitor
Alt: Matheson, Solicitor
(F590/15 - For DC: Mr Bell, Advocate instructed by Harper Macleod, solicitors)
GLASGOW, 1 March 2016. The sheriff having resumed consideration of the cause, finds in fact:
(1) The pursuer and the defender are both 35 years of age and are respectively the father and mother of J, born on 10 December 2005. J is currently 10 years old.
(2) The pursuer obtained a Masters Degree in Sound Design in 2014. He worked in sound design and toured various art venues and theatres until he took employment with Glasgow City Council as a part time library assistant in 2015. The defender is a graduate of the Glasgow School of Art and is currently employed by the NHS as a physiotherapist assistant.
(3) The defender was born in Amiens, France. The pursuer was born in New York but has lived in Glasgow for over 13 years. The parties met in 2004 when the defender came to Glasgow to study at the School of Art. The defender became pregnant in February 2005. The defender had a difficult pregnancy and was diagnosed with Lymphocytic Hypophysitis, an inflammation of the pituitary gland. Her symptoms included intense headaches, temporary partial blindness, and exhaustion.
(4) Having lived together for a short period, the parties separated soon after J’s birth. The pursuer moved into a property located in close proximity to the defender.
(5) The defender returned to her parents’ home in France in early 2006 with J. By summer 2006, she had returned to Glasgow, resumed her studies at the Glasgow School of Art and obtained a part-time position at the Centre for Contemporary Arts.
(6) Between 2006 and 2008, the pursuer exercised contact with J on an ad hoc and irregular basis. During this time, the pursuer was facing a number of personal difficulties, including in relation to his employment, accommodation and alcohol misuse.
(7) On 12 March 2007, the pursuer pled guilty to an offence under section 127 of the Communications Act 2003 in relation to sending the defender threatening text messages. He was admonished. The defender sought and obtained an interim interdict and non-harassment order against the pursuer. The pursuer continued to have ad hoc and irregular contact with J.
(8) The pursuer raised proceedings seeking an order for parental rights and responsibilities and an order for contact in respect of J. On 9 December 2008, the parties having agreed a joint minute, the pursuer was granted an order for parental rights and responsibilities in respect of J. He was also granted an order for (a) residential contact every second weekend from 10am on a Saturday until 5pm on a Sunday (b) contact once a week as agreed between the parties and (c) additional contact as agreed between the parties.
(9) From December 2008, the pursuer and the defender worked together to co-parent J. They were able to co-operate and to arrange contact in a manner which was in J’s best interests and which reflected their working commitments. Currently, J resides with the pursuer every alternate weekend from Friday at 5pm to Monday at 9am, when the pursuer takes J to school. In addition, the pursuer collects J from school up to three days each week and cares for him until 5pm to accommodate the defender’s working hours. J resided with the pursuer for a two week period in the summer of 2015. Until the raising of these proceedings, the pursuer and the defender remained on amicable terms and were able to arrange contact flexibly and by agreement. At all times that J has resided in Glasgow, the pursuer has lived in close proximity to him.
(10) The defender met DC in October 2006. DC is 43 years old and was born in Dublin. He is a successful self-employed artist. He has lived in Glasgow since 1996. He moved to Glasgow to be with his partner, KV who is Scottish, and who was at the time, due to give birth to his son, E. Upon separation from KV, DC agreed a shared care arrangement in respect of their son, E.
(11) The defender and DC entered into a relationship in early 2007. The defender and J moved into DC’s home around early 2009. During periods of residential contact, E resided with DC, the defender and J.
(12) Difficulties arose in the relationship between the defender and E, and in the relationship between the defender and DC. The defender wished to move out of Glasgow, however DC refused to leave due to his commitments to his son, E. The relationship between the defender and DC ended in October 2009 and the defender again returned to her parents’ home in France with J. J attended pre-school in France. The defender and DC remained in contact with each other.
(13) In early 2010, the defender obtained employment as a designer and general manager for a weaving business in the Isle of Mull. The defender moved to Kintra. J began his primary education at a school in a village nearby.
(14) DC visited the defender in Kintra. In August 2010, the defender became pregnant. DC was unwilling to move to the Isle of Mull due to his commitments to his son, E, in Glasgow. The defender and DC decided to live together once more, in Glasgow and the defender returned to Glasgow in March 2011. DC purchased a flat in the west end of Glasgow. DC and the defender were registered as the heritable proprietors.
(15) F was born on 25 May 2011. F is currently 4 years old. DC is his father. The defender is his mother.
(16) Difficulties again arose in the relationship between the defender and DC. On 27 August 2011, while DC attempted to prevent the defender from self-harming by restraining her, the defender fell and broke her finger. The defender and DC separated after this incident with DC moving out of their flat.
(17) The defender continued to reside in the flat in the west end of Glasgow with J and F. There was no outstanding mortgage for the flat. For an eighteen month period after separation, DC paid the utility bills, factors fees, communal repairs and for F’s nursery fees. When the defender was struggling to pay the council tax for the property, DC assisted her. After the defender gained employment, DC paid her £300 per month as maintenance for F and continues to do so. During 2012 and 2015, DC and the defender had discussions regarding the sale of the flat and used the services of mediators. The defender and DC entered into a Minute of Agreement in relation to the division of the sale proceeds in early April 2015 (item 5/3/9 of process in F590/15).
(18) Currently, DC has care of F (a) each alternate weekend from Friday at 5pm to Monday at 8.45am when F is taken to nursery (b) each Monday, Tuesday and Wednesday after nursery until 6pm and (c) during holiday periods as agreed between the defender and DC. Contact has generally operated flexibly and by agreement.
(19) In July 2014, the defender met JB during a trip to the Isle of Mull. They met again in September 2014 and were thereafter in daily contact by telephone and by email. A few weeks later, they met again in Shropshire. JB first met J and F in October 2014 when he spent a weekend in Glasgow. He met the children again in November 2014 when they enjoyed a day trip to the west coast. The longest period of time JB has spent with the children has been a period of 10 days over the Christmas holiday period in 2014/2015. Since then, he has spent time with the children on average, twice a month and for longer periods during holidays.
(20) The defender and JB made a decision to cohabit in early 2015 and began looking for suitable accommodation. They got engaged in March 2015. The children first visited JB in Exeter in March 2015.
(21) JB is a 37 year old man. He has no children. Since graduating, he has been engaged largely in employment which is related to agriculture. His parents own, work on and reside in, a farm in Devon. Since 2012, he has been a partner of the family farming business which comprises inter alia 170 acres, rears an award winning herd of cattle and produces cider apples. The majority of the day to day tasks involved in the running of the farm are carried out by JB and by his parents. The business cannot meet the costs of employing full time staff. JB’s parents are each over seventy years old. It is expected that the farming business will be transferred to him in the future. He currently has a controlling interest in the farming partnership. Selling the farm will give rise to a substantial capital gains tax liability. His drawings from the family business are approximately £300 per month and the profits of the farming business for the year ending September 2014 were approximately £1500. He also derives rental income of approximately £1500 per month from a flat he owns in London.
(22) Between late January and mid February 2015, the defender and the pursuer exchanged a number of text messages regarding the defender’s desire to relocate. The pursuer repeatedly asked the defender why she wished to move out of Glasgow. The defender insisted that she had never wished to settle in Glasgow and wished to move to be closer to her parents (items 6/90-106 and 6/144 of process). She did not respond directly to questions regarding whether she intended to co-habit with another man.
(23) In April 2015, the defender entered into negotiations to purchase a property in Exeter with a purchase price of £292,000. Title was taken in her sole name. She obtained entry to the property in June 2015. The property was purchased with the financial assistance of her parents. The property provides ample and suitable accommodation for the defender, JB and for both J and F. It is located within walking distance of a number of local amenities including a sports club, a football club and a swimming pool. It is within walking distance of a Junior School and an Infant School both...
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