YG v EEP [2017] ScotCS CSOH_75 (10 May 2017)

YG v EEP [2017] ScotCS CSOH_75 (10 May 2017)

The removal of the child from Sweden was wrongful as both parents had joint custody under Swedish law. The risk of psychological harm from return to Sweden does not reach the grave threshold required by Article 13(b) of the Hague Convention. Adequate arrangements exist in Sweden to protect the child upon return, including social services and support. The child's objection to return is acknowledged and she is of sufficient maturity, but the policy considerations of the Hague Convention, the role of the Swedish courts, and the adequacy of protective measures outweigh the child's objection. The order for return is therefore granted.

Citation
[2017] ScotCS CSOH_75
Parties
Petitioner: YG; Respondent: EEP
Jurisdiction
Scotland
Judgment Date
10 May 2017
Procedural Posture
Petition Under Child Abduction and Custody Act 1985 / Hague Convention / Final Judgment at First Instance
Outcome
Order granted for the return of the child to Sweden; respondent's pleas repelled; further hearing to arrange timing and practicalities; expenses reserved.
Legal Topics
International Child Abduction, Child Custody, Hague Convention, Child Welfare, EU Regulation 2201/2003
Family Law International Law International Child Abduction Child Custody Hague Convention Child Welfare EU Regulation 2201/2003

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Parties

YG

Petitioner

EEP

Respondent

Procedural Posture

Petition Under Child Abduction and Custody Act 1985 / Hague Convention / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the removal of the child from Sweden to Scotland was wrongful under the Hague Convention
  2. 2 Whether Article 13(b) of the Hague Convention (grave risk of harm/intolerable situation) is established
  3. 3 Whether the child's objection and maturity justify refusal of return under Article 13

Ratio Decidendi

The removal of the child from Sweden was wrongful as both parents had joint custody under Swedish law. The risk of psychological harm from return to Sweden does not reach the grave threshold required by Article 13(b) of the Hague Convention. Adequate arrangements exist in Sweden to protect the child upon return, including social services and support. The child's objection to return is acknowledged and she is of sufficient maturity, but the policy considerations of the Hague Convention, the role of the Swedish courts, and the adequacy of protective measures outweigh the child's objection. The order for return is therefore granted.

Court Disposition

Order granted for the return of the child to Sweden; respondent's pleas repelled; further hearing to arrange timing and practicalities; expenses reserved.

Orders

  • Return of the child to Sweden under the Hague Convention.
  • Case to be heard 'By Order' for timing and practical arrangements.