Breingan v Jamieson 1993 SLT 186

Citation: Breingan v Jamieson 1993 SLT 186

Link to case on WorldLII (reference).

Rule of thumb: When can a child be ordered by the Court to stay with the Father rather than the Mother? (1) When it can be proved that staying with the Mother would a disruptive environment, or (2) they chose to stay with the Father at the initial point of break-up before Court orders had to be put in place, and are settled there.

Judgment:

This case affirmed the ‘stable environment’ principle – where there has been a break-up and there is already a system in place, with the child fairly happy under this system, the presumption is that the Court will be reluctant to interfere with this, ‘(removal) to a totally different environment would be disruptive of he settled, happy life and detrimental to her best interest." Lord MacLean

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.