TLMP, Re Orders Under The Child Abduction and Custody Act 1985 [2013] ScotCS CSOH_40 (07 March 2013)

TLMP, Re Orders Under The Child Abduction and Custody Act 1985 [2013] ScotCS CSOH_40 (07 March 2013)

The court found that the mother did not consent to the child settling in Scotland without her, and her permission for the child's stay was conditional on reconciliation. There was no agreement for permanent relocation, and the mother's conduct did not amount to acquiescence. The child remained habitually resident in the United States at the time of retention, making the retention wrongful under Article 3 of the Hague Convention. No grave risk of harm was established. The child must be returned to the United States.

Citation
[2013] ScotCS CSOH_40
Parties
Petitioner (mother): TLMP; Respondent (father): AWP
Jurisdiction
Scotland
Judgment Date
07 March 2013
Procedural Posture
Petition Under the Child Abduction and Custody Act 1985 / Judgment After Proof (trial)
Outcome
Petition granted; order for return of the child to the United States.
Legal Topics
International Child Abduction, Habitual Residence, Wrongful Retention, Acquiescence, Return Orders Under Hague Convention
Family Law International Law International Child Abduction Habitual Residence Wrongful Retention Acquiescence Return Orders Under Hague Convention

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 9 Party arguments 2
Sign in to unlock

Parties

TLMP

Petitioner (mother)

AWP

Respondent (father)

Procedural Posture

Petition Under the Child Abduction and Custody Act 1985 / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the child ceased to be habitually resident in the United States prior to retention in Scotland
  2. 2 Whether the mother's consent or acquiescence was given for the child's retention in Scotland
  3. 3 Whether there is a grave risk that return would expose the child to harm or intolerable situation

Ratio Decidendi

The court found that the mother did not consent to the child settling in Scotland without her, and her permission for the child's stay was conditional on reconciliation. There was no agreement for permanent relocation, and the mother's conduct did not amount to acquiescence. The child remained habitually resident in the United States at the time of retention, making the retention wrongful under Article 3 of the Hague Convention. No grave risk of harm was established. The child must be returned to the United States.

Court Disposition

Petition granted; order for return of the child to the United States.

Orders

  • The child is to be returned forthwith to the United States of America.