PETITION OF JP FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST AAR AND ENM [2020] ScotCS CSOH_80 (28 August 2020)

PETITION OF JP FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST AAR AND ENM [2020] ScotCS CSOH_80 (28 August 2020)

By August 2018, Bella had lost her habitual residence in Italy and acquired habitual residence in Scotland due to her integration into Scottish life, including school attendance, foster care, and lack of ongoing ties to Italy, regardless of the temporary or imperfect nature of her circumstances. Therefore, the Hague Convention was not engaged as she was not habitually resident in Italy at the material date.

Citation
[2020] ScotCS CSOH_80
Parties
Petitioner: JP; First Respondent: AAR; Second Respondent: ENM
Jurisdiction
Scotland
Judgment Date
28 August 2020
Procedural Posture
Petition Under the Child Abduction and Custody Act 1985 / Final Judgment on Preliminary Issue of Habitual Residence
Outcome
Petition dismissed
Legal Topics
Habitual Residence, Hague Convention, Child Custody, Wrongful Retention
Family Law International Child Abduction Habitual Residence Hague Convention Child Custody Wrongful Retention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

JP

Petitioner

AAR

First Respondent

ENM

Second Respondent

Procedural Posture

Petition Under the Child Abduction and Custody Act 1985 / Final Judgment on Preliminary Issue of Habitual Residence

Legal Issues

  1. 1 Whether the child, Bella, was habitually resident in Italy immediately before the alleged wrongful retention in Scotland on 10 September 2018
  2. 2 Whether the Hague Convention on the Civil Aspects of International Child Abduction is engaged

Ratio Decidendi

By August 2018, Bella had lost her habitual residence in Italy and acquired habitual residence in Scotland due to her integration into Scottish life, including school attendance, foster care, and lack of ongoing ties to Italy, regardless of the temporary or imperfect nature of her circumstances. Therefore, the Hague Convention was not engaged as she was not habitually resident in Italy at the material date.

Court Disposition

Petition dismissed

Orders

  • Sustain the second pleas-in-law for each respondent
  • Dismiss the petition