Cameron v Cameron [1995] ScotCS CSIH_3 (24 October 1995)

Cameron v Cameron [1995] ScotCS CSIH_3 (24 October 1995)

The court held that the minute of agreement was a final and not a provisional arrangement for the children to reside in France, and that by 12 April 1995, the children had become habitually resident in France. The period of residence and the intention expressed in the agreement were sufficient to establish habitual residence under the Hague Convention and the Child Abduction and Custody Act 1985.

Citation
[1995] ScotCS CSIH_3
Parties
Petitioner: Cameron; Respondent: Cameron
Jurisdiction
Scotland
Judgment Date
24 October 1995
Procedural Posture
Petition (family Law, Child Abduction) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; case remitted for further procedure.
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Custody
Family Law International Law Child Abduction Habitual Residence Hague Convention Custody

Case Brief

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Parties

Cameron

Petitioner

Cameron

Respondent

Procedural Posture

Petition (family Law, Child Abduction) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the children were habitually resident in France as at 12 April 1995 under the Hague Convention and Child Abduction and Custody Act 1985
  2. 2 Whether the arrangements for the children to reside in France were tentative/provisional or final

Ratio Decidendi

The court held that the minute of agreement was a final and not a provisional arrangement for the children to reside in France, and that by 12 April 1995, the children had become habitually resident in France. The period of residence and the intention expressed in the agreement were sufficient to establish habitual residence under the Hague Convention and the Child Abduction and Custody Act 1985.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; case remitted for further procedure.

Orders

  • Grant reclaiming motion
  • Recall interlocutor of Lord Ordinary dated 18 July 1995