ZA AND MN AGAINST B AND OTHERS [2022] ScotCS CSOH_38 (12 May 2022)

ZA AND MN AGAINST B AND OTHERS [2022] ScotCS CSOH_38 (12 May 2022)

The court refused the pursuers' specific issue order for M's return to Qatar, finding that M's welfare and safety would not be adequately protected by Qatari institutions or family, and that M's expressed wishes, history of abuse, and current wellbeing in Scotland outweighed assurances of protection. Orders sought by M for residence in Scotland with her sister A were granted.

Citation
[2022] ScotCS CSOH_38
Parties
Pursuer: ZA; Pursuer: MN; First Defender: B; Second Defender: A; Third Defender: Advocate General for Scotland; Fourth Defender, Party Minuter: M; Fifth Defender: AI
Jurisdiction
Scotland
Judgment Date
12 May 2022
Procedural Posture
Specific Issue Order (child Law, Family Law) / Final Judgment After Proof
Outcome
Specific issue order for return refused; orders for M to reside in Scotland with her sister A granted.
Legal Topics
Specific Issue Order, Child Return, Asylum, Custody, Child Welfare, Domestic Abuse, International Child Protection
Family Law Child Protection International Law Specific Issue Order Child Return Asylum Custody Child Welfare +2 more

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Parties

ZA

Pursuer

MN

Pursuer

B

First Defender

A

Second Defender

Advocate General for Scotland

Third Defender

M

Fourth Defender, Party Minuter

AI

Fifth Defender

Procedural Posture

Specific Issue Order (child Law, Family Law) / Final Judgment After Proof

Legal Issues

  1. 1 Should M be returned to Qatar under a specific issue order?
  2. 2 Is institutional care in Qatar (Dreama/Aman) a safe option for M?
  3. 3 Are the risks of harm or abuse to M in Qatar sufficiently mitigated by Qatari law and institutions?

Ratio Decidendi

The court refused the pursuers' specific issue order for M's return to Qatar, finding that M's welfare and safety would not be adequately protected by Qatari institutions or family, and that M's expressed wishes, history of abuse, and current wellbeing in Scotland outweighed assurances of protection. Orders sought by M for residence in Scotland with her sister A were granted.

Court Disposition

Specific issue order for return refused; orders for M to reside in Scotland with her sister A granted.

Orders

  • Refusal of pursuers' specific issue order for return of M to Qatar.
  • Grant of orders sought by M to reside in Scotland with her sister A.