C v. C [2008] ScotCS CSOH_42 (10 March 2008)

C v. C [2008] ScotCS CSOH_42 (10 March 2008)

The children are not settled in their new environment within the meaning of Article 12 of the Hague Convention due to instability, lack of permanence, and the father's manipulative conduct; the objections of the children under Article 13 are not sufficiently authentic or weighty to prevent return; therefore, the court is bound to order the return of the children to France.

Citation
[2008] ScotCS CSOH_42
Parties
Petitioner: C; First Respondent: C; Fourth Respondent: C (child); Fifth Respondent: S (child); Sixth Respondent: O (child)
Jurisdiction
Scotland
Judgment Date
10 March 2008
Procedural Posture
Petition Under the Child Abduction and Custody Act 1985 / Judgment After Full Hearing
Outcome
Petition granted; order for return of children to France.
Legal Topics
Child Abduction, Hague Convention, Custody, Wrongful Removal, Return of Children, Settlement Exception, Children's Objections
Family Law International Law Child Abduction Hague Convention Custody Wrongful Removal Return of Children Settlement Exception +1 more

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Parties

C

Petitioner

C

First Respondent

C (child)

Fourth Respondent

S (child)

Fifth Respondent

O (child)

Sixth Respondent

Procedural Posture

Petition Under the Child Abduction and Custody Act 1985 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the children are settled in their new environment under Article 12 of the Hague Convention
  2. 2 Whether the objections of the children under Article 13 should prevent their return
  3. 3 Whether the court should exercise discretion to refuse return

Ratio Decidendi

The children are not settled in their new environment within the meaning of Article 12 of the Hague Convention due to instability, lack of permanence, and the father's manipulative conduct; the objections of the children under Article 13 are not sufficiently authentic or weighty to prevent return; therefore, the court is bound to order the return of the children to France.

Court Disposition

Petition granted; order for return of children to France.

Orders

  • Order for the return of children C, S, and O to France under the Child Abduction and Custody Act 1985 and the Hague Convention.