A former stockbroker has won a legal battle to prevent his ex-partner from taking their five-year-old daughter to the northern part of Cyprus.
The man, aged 43, instructed lawyers to go to the Court of Session in Edinburgh after his former partner told him of her wish to relocate.
The woman, also 43, wanted to move closer to family and said she intended to take a job at a hospital on the island. The man objected to the plans and his lawyers argued that the girl’s interests would be best served if she continued to live in Scotland.
Irregular contact would not be in Holly’s best interests
In a written judgment at the Court of Session, Lady Wise ruled in favour of the man, who was identified only by the initials MCB. She stated that MCB and “Holly”, his daughter, enjoyed a close, loving relationship.
She added: “There can be no question of a balance sheet-type analysis where the advantages for Holly of relocation are set against the disadvantages, with a view to providing a total for each.
"For example, living in a country where the sun shines brightly with fairly intense heat much of the year might well be regarded by many as advantageous but even if so, it is in my view, easily outweighed by the disadvantage of a lengthy separation from a much-loved parent. In conclusion, I consider that Holly’s best interests would be best served at the present time by her remaining in Scotland.”
The judgment said that Holly’s mother, known in court as NMF, who lives in the west of Scotland, had been unable to find work as a medical receptionist since last year.
She was unable to prove to the court that a job existed for her in the north of Cyprus. She planned to send Holly to an English-language school but the court was told that the fees were expensive and she might not be able to afford them. The school was also some distance away from her potential home.
Lawyers for MCB argued that Holly and her father had developed a “strong bond” and that irregular contact would not be in Holly’s best interests. (The Times)