NN, PETITION OF FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST HN [2018] ScotCS CSOH_56 (01 June 2018)

NN, PETITION OF FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST HN [2018] ScotCS CSOH_56 (01 June 2018)

The children became habitually resident in Germany shortly after the family's pre-planned move in July 2017, evidenced by their integration into German life, schooling, and the family's relocation of home and belongings. The short, unsettled period in Austria did not sever their habitual residence in Germany, as the family retained their home and registration in Germany and had not established sufficient integration in Austria. Therefore, the children were habitually resident in Germany immediately before their retention in Scotland, making the retention wrongful under the Hague Convention.

Citation
[2018] ScotCS CSOH_56
Parties
Petitioner: Dr NN; Respondent: HN
Jurisdiction
Scotland
Judgment Date
01 June 2018
Procedural Posture
Petition for Orders Under the Child Abduction and Custody Act 1985 / Judgment After Evidentiary Hearing
Outcome
Order for return of children to Germany (final order deferred for parties to discuss arrangements)
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Custody
Family Law International Law Child Abduction Habitual Residence Hague Convention Custody

Case Brief

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Parties

Dr NN

Petitioner

HN

Respondent

Procedural Posture

Petition for Orders Under the Child Abduction and Custody Act 1985 / Judgment After Evidentiary Hearing

Legal Issues

  1. 1 Whether the children were habitually resident in Germany immediately before their retention in Scotland on 11 March 2018
  2. 2 Whether the retention of the children in Scotland by the respondent was wrongful under the Hague Convention

Ratio Decidendi

The children became habitually resident in Germany shortly after the family's pre-planned move in July 2017, evidenced by their integration into German life, schooling, and the family's relocation of home and belongings. The short, unsettled period in Austria did not sever their habitual residence in Germany, as the family retained their home and registration in Germany and had not established sufficient integration in Austria. Therefore, the children were habitually resident in Germany immediately before their retention in Scotland, making the retention wrongful under the Hague Convention.

Court Disposition

Order for return of children to Germany (final order deferred for parties to discuss arrangements)

Orders

  • Children to be returned to Germany under the Child Abduction and Custody Act 1985 and Hague Convention
  • Case continued to 5 June 2018 for final order after parties discuss return arrangements