HJM v LS [2013] ScotCS CSOH_79 (28 May 2013)

HJM v LS [2013] ScotCS CSOH_79 (28 May 2013)

No persuasive evidence for reduction of contact was presented; the child's welfare is paramount; contact arrangements should remain as previously ordered, with minor variation to allow petitioner to elect Easter or October contact each year and financial responsibility for travel to rest with petitioner until summer 2014, thereafter to be shared.

Citation
[2013] ScotCS CSOH_79
Parties
Petitioner: HJM; Respondent & Minuter: LS
Jurisdiction
Scotland
Judgment Date
28 May 2013
Procedural Posture
Petition for Order Under Child Abduction and Custody Act 1985 and Minute for Variation / Final Judgment on Contact Arrangements
Outcome
Contact order largely maintained; minor variation to allow petitioner to elect Easter or October contact; financial responsibility for travel imposed on petitioner until summer 2014, thereafter to be shared.
Legal Topics
Child Contact, Variation of Contact Orders, Cross Border Enforcement, Competence of Proceedings
Family Law Child Custody International Child Abduction Child Contact Variation of Contact Orders Cross Border Enforcement Competence of Proceedings

Case Brief

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Parties

HJM

Petitioner

LS

Respondent & Minuter

Procedural Posture

Petition for Order Under Child Abduction and Custody Act 1985 and Minute for Variation / Final Judgment on Contact Arrangements

Legal Issues

  1. 1 Competence of initiating petition under Hague Convention
  2. 2 Variation of contact arrangements for child
  3. 3 Financial responsibility for travel costs

Ratio Decidendi

No persuasive evidence for reduction of contact was presented; the child's welfare is paramount; contact arrangements should remain as previously ordered, with minor variation to allow petitioner to elect Easter or October contact each year and financial responsibility for travel to rest with petitioner until summer 2014, thereafter to be shared.

Court Disposition

Contact order largely maintained; minor variation to allow petitioner to elect Easter or October contact; financial responsibility for travel imposed on petitioner until summer 2014, thereafter to be shared.

Orders

  • Petitioner entitled to contact as previously ordered, with election between Easter or October period each year.
  • Petitioner to give notice by 31 December of preceding year if no agreement on contact period.