PETITION OF BW FOR ORDER UNDER THE CHILD ABDUCTION AND CUSTODY ACT [2023] ScotCS CSOH_34 (01 June 2023)

PETITION OF BW FOR ORDER UNDER THE CHILD ABDUCTION AND CUSTODY ACT [2023] ScotCS CSOH_34 (01 June 2023)

The children were habitually resident in Scotland by the end of July 2022, and BW consented to their retention; even if not, return to the Netherlands would expose them to grave risk of psychological harm and intolerable situation due to history of abuse, risk of separation in foster care, and BW's conduct.

Citation
[2023] ScotCS CSOH_34
Parties
Petitioner: BW; Respondent: CM
Jurisdiction
Scotland
Judgment Date
01 June 2023
Procedural Posture
Petition for Orders Under the Child Abduction and Custody Act / Final Judgment
Outcome
petition dismissed
Legal Topics
Habitual Residence, Wrongful Retention, Hague Convention 1980, Psychological Harm, Parental Consent
Family Law International Child Abduction Habitual Residence Wrongful Retention Hague Convention 1980 Psychological Harm Parental Consent

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Parties

BW

Petitioner

CM

Respondent

Procedural Posture

Petition for Orders Under the Child Abduction and Custody Act / Final Judgment

Legal Issues

  1. 1 Were the children habitually resident in Scotland at the time of alleged wrongful retention?
  2. 2 Did BW consent to the children's retention in Scotland?
  3. 3 Would return to the Netherlands expose the children to grave risk of harm or intolerable situation under Article 13(b) of the Hague Convention?

Ratio Decidendi

The children were habitually resident in Scotland by the end of July 2022, and BW consented to their retention; even if not, return to the Netherlands would expose them to grave risk of psychological harm and intolerable situation due to history of abuse, risk of separation in foster care, and BW's conduct.

Court Disposition

petition dismissed

Orders

  • Petition for return of children to the Netherlands dismissed.
  • All questions of expenses reserved.