MR H AGAINST MRS W [2021] ScotCS CSOH_97 (01 October 2021)

MR H AGAINST MRS W [2021] ScotCS CSOH_97 (01 October 2021)

The welfare and best interests of the children are paramount. The evidence did not establish a real risk of FGM or abuse if the children returned to Dubai. Both parents hold parental rights and responsibilities. The children are settled in Scotland but have expressed mixed views about residence. The court finds that relocation to Dubai is not in the best interests of the children, given their current welfare, stability, and the practical difficulties and legal unenforceability of any order for return. The defender's application for a residence order is granted, and the pursuer's application for relocation is refused.

Citation
[2021] ScotCS CSOH_97
Parties
Pursuer: MR H; Defender: MRS W
Jurisdiction
Scotland
Judgment Date
01 October 2021
Procedural Posture
Family Law Child Residence and Relocation / Final Judgment After Proof
Outcome
Defender's application for residence order granted; pursuer's application for relocation refused.
Legal Topics
Residence Orders, Specific Issue Orders, Parental Rights and Responsibilities, Relocation, Asylum and Refugee Status, Female Genital Mutilation (fgm), Child Welfare Assessment
Family Law Child Welfare International Relocation Residence Orders Specific Issue Orders Parental Rights and Responsibilities Relocation Asylum and Refugee Status +2 more

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Parties

MR H

Pursuer

MRS W

Defender

Procedural Posture

Family Law Child Residence and Relocation / Final Judgment After Proof

Legal Issues

  1. 1 Should the two younger children be relocated from Scotland to Dubai to live with their father?
  2. 2 Was the defender's asylum claim in 2017 genuine or fabricated?
  3. 3 Are the children at risk of FGM if returned to Dubai/Sudan?

Ratio Decidendi

The welfare and best interests of the children are paramount. The evidence did not establish a real risk of FGM or abuse if the children returned to Dubai. Both parents hold parental rights and responsibilities. The children are settled in Scotland but have expressed mixed views about residence. The court finds that relocation to Dubai is not in the best interests of the children, given their current welfare, stability, and the practical difficulties and legal unenforceability of any order for return. The defender's application for a residence order is granted, and the pursuer's application for relocation is refused.

Court Disposition

Defender's application for residence order granted; pursuer's application for relocation refused.

Orders

  • Residence Order in favour of Mrs W under section 11(2)(c) Children (Scotland) Act 1995
  • Specific Issue Order refused