AB (AP) v CD [2000] ScotCS 175 (27 June 2000)

AB (AP) v CD [2000] ScotCS 175 (27 June 2000)

Given the fundamental disputes over jurisdiction, applicable law, and forum, and the need for clarity on these issues before a full inquiry, the defender's motion for a preliminary proof restricted to forum and jurisdiction was granted.

Citation
[2000] ScotCS 175
Parties
Pursuer: AB (AP); Defender: CD
Jurisdiction
Scotland
Judgment Date
27 June 2000
Procedural Posture
Family Law Child Residence/custody Dispute / Motion for Preliminary Proof Prior to Full Proof
Outcome
Defender's motion for preliminary proof granted.
Legal Topics
Child Residence, Custody, Forum Non Conveniens, International Child Removal, Jurisdiction
Family Law Private International Law Child Residence Custody Forum Non Conveniens International Child Removal Jurisdiction

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Parties

AB (AP)

Pursuer

CD

Defender

Procedural Posture

Family Law Child Residence/custody Dispute / Motion for Preliminary Proof Prior to Full Proof

Legal Issues

  1. 1 Whether the Scottish or Maltese courts have jurisdiction to determine the residence and custody of the child EF
  2. 2 Whether the removal of EF from Malta by the pursuer was wrongful or illegal under Maltese law
  3. 3 Whether a preliminary proof should be held restricted to forum and jurisdiction issues

Ratio Decidendi

Given the fundamental disputes over jurisdiction, applicable law, and forum, and the need for clarity on these issues before a full inquiry, the defender's motion for a preliminary proof restricted to forum and jurisdiction was granted.

Court Disposition

Defender's motion for preliminary proof granted.

Orders

  • The proof fixed for 29 and 30 June 2000 is to be a preliminary proof restricted to the defender's first and second pleas-in-law (forum and jurisdiction issues).