YS, RECLAIMING MOTION BY YS AGAINST BS [2019] ScotCS CSIH_50 (01 October 2019)

YS, RECLAIMING MOTION BY YS AGAINST BS [2019] ScotCS CSIH_50 (01 October 2019)

The court found that the petitioner had given clear and unequivocal written consent to the removal of the children to Scotland, evidenced by the September 2018 document and confirmed by subsequent communications. The removal was not wrongful under the Hague Convention, and the appeal court found no error of law or basis to overturn the Lord Ordinary’s factual findings.

Citation
[2019] ScotCS CSIH_50
Parties
Petitioner and Reclaimer: YS; Respondent: BS
Jurisdiction
Scotland
Judgment Date
01 October 2019
Procedural Posture
Reclaiming Motion (appeal) Under the Child Abduction and Custody Act 1985 / Final Appellate Judgment
Outcome
reclaiming motion refused; non-return order affirmed
Legal Topics
Habitual Residence, Wrongful Removal, Parental Consent, Grave Risk Defence, Hague Convention
Family Law International Child Abduction Habitual Residence Wrongful Removal Parental Consent Grave Risk Defence 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 2 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

YS

Petitioner and Reclaimer

BS

Respondent

Procedural Posture

Reclaiming Motion (appeal) Under the Child Abduction and Custody Act 1985 / Final Appellate Judgment

Legal Issues

  1. 1 Whether the removal of the children from Italy to Scotland was wrongful under the Hague Convention
  2. 2 Whether the petitioner consented to the removal of the children
  3. 3 Whether the respondent established the grave risk defence under Article 13(b)

Ratio Decidendi

The court found that the petitioner had given clear and unequivocal written consent to the removal of the children to Scotland, evidenced by the September 2018 document and confirmed by subsequent communications. The removal was not wrongful under the Hague Convention, and the appeal court found no error of law or basis to overturn the Lord Ordinary’s factual findings.

Court Disposition

reclaiming motion refused; non-return order affirmed

Orders

  • Non-return order made; children not required to return to Italy