A AGAINST B [2016] ScotSC 3 (22 August 2016)

A AGAINST B [2016] ScotSC 3 (22 August 2016)

The court refused the defender's crave for a specific issue order permitting travel to Algeria because there is a real risk that the children would not be returned, and there are no adequate safeguards available to the pursuer in Algeria. The welfare of the children is paramount, and the risk outweighs the cultural and familial benefits of travel. The court found that undertakings or Scottish court orders would not be enforceable or effective in Algeria, a non-Hague Convention country.

Citation
[2016] ScotSC 3
Parties
Pursuer: A; Defender: B
Jurisdiction
Scotland
Judgment Date
13 January 2016
Procedural Posture
Family Law Specific Issue Order and Interdict / Judgment After Hearing on Opposed Motion for Specific Issue Order and Interdict
Outcome
Defender's motion for specific issue order to travel to Algeria refused; perpetual interdict granted; residence order granted to pursuer; contact limited as per defender's crave excluding holidays abroad.
Legal Topics
Temporary Relocation of Children, Parental Rights and Responsibilities, Specific Issue Orders, Interdicts, International Child Abduction, Enforcement of Foreign Orders
Family Law Child Law International Private Law Temporary Relocation of Children Parental Rights and Responsibilities Specific Issue Orders Interdicts International Child Abduction +1 more

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Parties

A

Pursuer

B

Defender

Procedural Posture

Family Law Specific Issue Order and Interdict / Judgment After Hearing on Opposed Motion for Specific Issue Order and Interdict

Legal Issues

  1. 1 Whether to grant a specific issue order permitting the defender to take the children to Algeria for holidays
  2. 2 Whether to grant a perpetual interdict prohibiting removal of the children from the UK
  3. 3 Assessment of risk of non-return from Algeria and adequacy of safeguards

Ratio Decidendi

The court refused the defender's crave for a specific issue order permitting travel to Algeria because there is a real risk that the children would not be returned, and there are no adequate safeguards available to the pursuer in Algeria. The welfare of the children is paramount, and the risk outweighs the cultural and familial benefits of travel. The court found that undertakings or Scottish court orders would not be enforceable or effective in Algeria, a non-Hague Convention country.

Court Disposition

Defender's motion for specific issue order to travel to Algeria refused; perpetual interdict granted; residence order granted to pursuer; contact limited as per defender's crave excluding holidays abroad.

Orders

  • Refusal of specific issue order permitting travel to Algeria
  • Grant of perpetual interdict prohibiting removal of children from the UK