DM, Re Application For Order Under The Child Abduction & Custody Act 1985 [2000] ScotCS 256 (9 October 2000)

DM, Re Application For Order Under The Child Abduction & Custody Act 1985 [2000] ScotCS 256 (9 October 2000)

BM's retention in Scotland by EM was wrongful under the Hague Convention and the Child Abduction and Custody Act 1985, as it breached the petitioner's custody rights and BM's habitual residence was Alberta. The court ordered BM's immediate return to Alberta to fulfill the Convention's objective of prompt return and protection from harm.

Citation
[2000] ScotCS 256
Parties
Petitioner: DM; Respondent: EM
Jurisdiction
Scotland
Judgment Date
09 October 2000
Procedural Posture
Petition for Order Under the Child Abduction and Custody Act 1985 / Final Judgment
Outcome
petition granted
Legal Topics
Child Abduction, Custody, Hague Convention, Wrongful Retention
Family Law International Law Child Abduction Custody Hague Convention Wrongful Retention

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Parties

DM

Petitioner

EM

Respondent

Procedural Posture

Petition for Order Under the Child Abduction and Custody Act 1985 / Final Judgment

Legal Issues

  1. 1 Whether the retention of BM in Scotland by EM was wrongful under the Hague Convention and the Child Abduction and Custody Act 1985
  2. 2 Whether an order should be made for the immediate return of BM to Alberta, Canada

Ratio Decidendi

BM's retention in Scotland by EM was wrongful under the Hague Convention and the Child Abduction and Custody Act 1985, as it breached the petitioner's custody rights and BM's habitual residence was Alberta. The court ordered BM's immediate return to Alberta to fulfill the Convention's objective of prompt return and protection from harm.

Court Disposition

petition granted

Orders

  • Order for the immediate return of BM to Alberta, Canada.
  • Order for EM to deliver BM to the petitioner forthwith.