MAS v. VD & Anor [2006] ScotSC 53 (01 June 2006)

MAS v. VD & Anor [2006] ScotSC 53 (01 June 2006)

The Scottish courts have no jurisdiction to entertain the applications to vary or make further orders regarding parental responsibility and contact because the child and all parties are now habitually resident in England, and the requirements for prorogation of jurisdiction under Article 12.3 of Council Regulation (EC) No 2201/2003 are not met. The court also lacks competence to make a specific issue order changing the child's surname.

Citation
[2006] ScotSC 53
Parties
Pursuer: M. A. S.; Defender: Mrs V. D.; Party Minuter (the Child): R. M. S.
Jurisdiction
Scotland
Judgment Date
01 June 2006
Procedural Posture
Family Law Parental Responsibility/contact / Post Decree Applications to Vary Contact and Parental Responsibility Orders
Outcome
Applications to amend pleadings and for further orders refused; all substantive applications dismissed for want of jurisdiction; proceedings certified as suitable for junior counsel; continued for hearing on expenses.
Legal Topics
Parental Responsibility, Child Contact, Jurisdiction of Courts, Prorogation of Jurisdiction, Change of Child's Name
Family Law Jurisdiction (private International Law) Parental Responsibility Child Contact Jurisdiction of Courts Prorogation of Jurisdiction Change of Child's Name

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Parties

M. A. S.

Pursuer

Mrs V. D.

Defender

R. M. S.

Party Minuter (the Child)

Procedural Posture

Family Law Parental Responsibility/contact / Post Decree Applications to Vary Contact and Parental Responsibility Orders

Legal Issues

  1. 1 Whether Scottish courts have jurisdiction to vary or make further orders regarding parental responsibility and contact after the child and parties have become habitually resident in England
  2. 2 Whether prorogation of jurisdiction under Article 12.3 of Council Regulation (EC) No 2201/2003 applies
  3. 3 Whether the Scottish court can make a specific issue order regarding the child's surname

Ratio Decidendi

The Scottish courts have no jurisdiction to entertain the applications to vary or make further orders regarding parental responsibility and contact because the child and all parties are now habitually resident in England, and the requirements for prorogation of jurisdiction under Article 12.3 of Council Regulation (EC) No 2201/2003 are not met. The court also lacks competence to make a specific issue order changing the child's surname.

Court Disposition

Applications to amend pleadings and for further orders refused; all substantive applications dismissed for want of jurisdiction; proceedings certified as suitable for junior counsel; continued for hearing on expenses.

Orders

  • Refused to allow amendment of pleadings for the party minuter and defender.
  • Dismissed the minute to vary and all answers thereto.