M.M. v. A.M.R. or M. [2002] ScotCS 330 (14 November 2002)

M.M. v. A.M.R. or M. [2002] ScotCS 330 (14 November 2002)

The respondent failed to discharge the onus of proving acquiescence; the petitioner's delay was reasonably explained and did not amount to acquiescence; the petitioner consistently objected to the retention and took steps to enforce his rights as soon as practicable.

Citation
[2002] ScotCS 330
Parties
Petitioner and Respondent: M. M.; Respondent and Reclaimer: A. M. R. or M.
Jurisdiction
Scotland
Judgment Date
14 November 2002
Procedural Posture
Reclaiming Motion (appeal) in Petition Under Child Abduction and Custody Act 1985 / Inner House, Court of Session, Decision on Reclaiming Motion
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.
Legal Topics
International Child Abduction, Hague Convention, Custody, Wrongful Retention, Acquiescence
Family Law International Law International Child Abduction Hague Convention Custody Wrongful Retention Acquiescence

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Parties

M. M.

Petitioner and Respondent

A. M. R. or M.

Respondent and Reclaimer

Procedural Posture

Reclaiming Motion (appeal) in Petition Under Child Abduction and Custody Act 1985 / Inner House, Court of Session, Decision on Reclaiming Motion

Legal Issues

  1. 1 Whether the petitioner acquiesced in the wrongful retention of the children under Article 13(a) of the Hague Convention
  2. 2 Whether delay in raising proceedings constituted acquiescence

Ratio Decidendi

The respondent failed to discharge the onus of proving acquiescence; the petitioner's delay was reasonably explained and did not amount to acquiescence; the petitioner consistently objected to the retention and took steps to enforce his rights as soon as practicable.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.

Orders

  • Order for return of the children to the United States of America within six weeks, subject to possible prorogation if visa not granted in time.