CS AND MS-M v. CS AND LH [2010] ScotSC 153 (08 September 2010)

CS AND MS-M v. CS AND LH [2010] ScotSC 153 (08 September 2010)

The court has jurisdiction to grant a guardianship order to the pursuers, who are suitable kinship carers, as M was habitually resident in the sheriffdom at the time of application. The order is in M's best interests, and removal to the UAE does not breach section 60 of the 2007 Act as any adoption would be sought in Scotland, not abroad.

Citation
[2010] ScotSC 153
Parties
Pursuer: CS; Pursuer: MS-M; First Defender: CS; Second Defender: LH; Curatrix: Mrs Foy; Authority: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
08 September 2010
Procedural Posture
Guardianship Application (child Welfare) / Judgment After Hearing
Outcome
Guardianship order granted in favour of the pursuers; M to reside with them abroad.
Legal Topics
Guardianship, Parental Rights and Responsibilities, Jurisdiction, Adoption, International Child Placement
Family Law Child Law Guardianship Parental Rights and Responsibilities Jurisdiction Adoption International Child Placement

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Parties

CS

Pursuer

MS-M

Pursuer

CS

First Defender

LH

Second Defender

Mrs Foy

Curatrix

City of Edinburgh Council

Authority

Procedural Posture

Guardianship Application (child Welfare) / Judgment After Hearing

Legal Issues

  1. 1 Whether a guardianship order should be granted to kinship carers residing abroad
  2. 2 Whether the Scottish court has jurisdiction to make such an order
  3. 3 Whether removal of the child to the UAE would breach section 60 of the Adoption and Children (Scotland) Act 2007

Ratio Decidendi

The court has jurisdiction to grant a guardianship order to the pursuers, who are suitable kinship carers, as M was habitually resident in the sheriffdom at the time of application. The order is in M's best interests, and removal to the UAE does not breach section 60 of the 2007 Act as any adoption would be sought in Scotland, not abroad.

Court Disposition

Guardianship order granted in favour of the pursuers; M to reside with them abroad.

Orders

  • Appointment of the pursuers as guardians of M with parental rights and responsibilities under sections 1 and 2 of the Children (Scotland) Act 1995
  • Authority to remove M from Scotland to reside with the pursuers abroad