L.W. v. J.W.

The Pursuer and Respondent (hereinafter referred to as "the Respondent") is LW. The Defender and Minuter (hereinafter referred to as "the Minuter") is JW. The Parties are designed in the instance.

The parties are the biological parents of KB, born 28 April 2001 and RB born 15 January 2005 . The parties married after the birth of the children. Both parties have parental rights and responsibilities in respect of the children

The parties were divorced by decree granted in this Court on 15 July 2009 . Said decree was granted in absence and contained a residence order in respect of both children in favour of the Respondent.

During their marriage the parties separated and reconciled on more than one occasion. By agreement with the Respondent, the Minuter maintained contact with the children during such periods of separation. Following the last such separation in August 2008 the Minuter maintained contact with the children until January 2009. Since January 2009 the Respondent has refused to allow the Minuter to exercise contact with the children. The Minuter has not had contact with the children since that date.

During the cohabitation of the parties, the Minuter worked in a bar or nightclub. He often worked until very late. As a result he would be tired and would sleep during the day. He occasionally slept when he had the care of the children whilst the Respondent was at her work. On one such occasion KB went out of the house and called at a neighbour's house asking for breakfast.