ES, Re Orders Under Child Abduction and Custody Act 1985 v EML [2017] ScotCS CSOH_79 (12 May 2017)

ES, Re Orders Under Child Abduction and Custody Act 1985 v EML [2017] ScotCS CSOH_79 (12 May 2017)

The respondent failed to establish that the petitioner gave real, positive and unequivocal consent to the removal of the child from Spain to Scotland; the Article 13 defence fails and an order for return must be made.

Citation
[2017] ScotCS CSOH_79
Parties
Petitioner: ES; Respondent: EML
Jurisdiction
Scotland
Judgment Date
12 May 2017
Procedural Posture
Child Abduction Petition / Final Judgment
Outcome
order for return of child to Spain
Legal Topics
Child Abduction, Custody, Hague Convention, Consent Defence
Family Law International Law Child Abduction Custody Hague Convention Consent Defence

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Parties

ES

Petitioner

EML

Respondent

Procedural Posture

Child Abduction Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioner consented to the removal of the child from Spain to Scotland under Article 13 of the Hague Convention

Ratio Decidendi

The respondent failed to establish that the petitioner gave real, positive and unequivocal consent to the removal of the child from Spain to Scotland; the Article 13 defence fails and an order for return must be made.

Court Disposition

order for return of child to Spain

Orders

  • Respondent failed to establish Article 13 defence; order for return of child to Spain; By Order hearing to determine specific arrangements for return.