PETITION OF F AGAINST M [2021] ScotCS CSOH_90 (31 August 2021)
Despite the parties' formal agreement and stated intention that the children's habitual residence would remain New Zealand, the factual evidence showed that by 3 June 2021 the children had achieved a sufficient degree of integration in Scotland, making Scotland their habitual residence. The Hague Convention was not engaged as the retention was not wrongful.
- Citation
- [2021] ScotCS CSOH_90
- Parties
- Petitioner: F; Respondent: M
- Jurisdiction
- Scotland
- Judgment Date
- 31 August 2021
- Procedural Posture
- Petition for Return of Children Under Child Abduction and Custody Act 1985 / Final Judgment
- Outcome
- petition dismissed
- Legal Topics
- Habitual Residence, Hague Convention, Parental Agreement, Wrongful Retention
Case Brief
Summary, issues, holding and outcome
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Parties
F
Petitioner
M
Respondent
Procedural Posture
Petition for Return of Children Under Child Abduction and Custody Act 1985 / Final Judgment
Legal Issues
- 1 Whether the children were habitually resident in New Zealand or Scotland as at 3 June 2021
- 2 Whether retention in Scotland was wrongful under Article 3 of the Hague Convention
Ratio Decidendi
Despite the parties' formal agreement and stated intention that the children's habitual residence would remain New Zealand, the factual evidence showed that by 3 June 2021 the children had achieved a sufficient degree of integration in Scotland, making Scotland their habitual residence. The Hague Convention was not engaged as the retention was not wrongful.
Court Disposition
petition dismissed
Orders
- plea in law for respondent sustained
- all questions of expenses reserved
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