Airdrie sheriff makes residence order for mother who fled arranged husband after domestic abuse

An Airdrie sheriff has granted a residence order to a mother of three who fled an abusive marriage, while allowing the father limited indirect contact with the children via email. The case, heard at Airdrie Sheriff Court, involved allegations of both domestic abuse against the mother and physical abuse towards the children.

Arranged Marriage and Separation

The pursuer, CT, and the defender, DT, entered into an arranged marriage in Pakistan in 2015. The parties separated on May 7, 2024, when CT left the family home with their three children, born in 2019, 2020, and 2022.

Criminal Convictions and Allegations of Abuse

In early 2025, DT pled guilty at Glasgow Sheriff Court to two charges of assault against the eldest child, ET. The incidents involved kicking the child on the buttocks and throwing milkshake over him. CT described DT as an abusive husband and parent, alleging he mocked their middle child, who has cerebral palsy. DT denied abusing CT or the children, claiming CT fabricated the allegations to obtain a “domestic abuse visa.”

Child Welfare Report

A Child Welfare Reporter, Fiona Mclean, interviewed ET at school in June 2025. According to the report, ET’s voice rose in pitch when asked about seeing his father, and he stated he did not want to. DT countered that CT had “brainwashed” ET, potentially by showing him a video of the assault. His brother, MM, testified that DT had been a good uncle to his own children.

Sheriff’s Decision

Sheriff Maria Kicinski noted that CT’s evidence, while not detailed, was supported by criminal prosecutions related to assaults on ET. She observed that a video of the kick to ET’s buttocks showed an “otherwise normal scene,” suggesting the act wasn’t isolated. The sheriff emphasized the need to protect the children from abuse, citing section 11(7B) of the Children (Scotland) Act 1995, and noted DT had shown no insight into his behavior.

Despite acknowledging the general benefit of children having contact with both parents, Sheriff Kicinski granted the pursuer’s request for a residence order. She allowed DT indirect contact with the children via email three times a year and on each of their birthdays.