KS v MG [2017] ScotCS CSOH_26 (17 February 2017)

KS v MG [2017] ScotCS CSOH_26 (17 February 2017)

The respondent did not act in breach of the petitioner's custody rights by removing P from Poland; the District Court's order authorized the respondent to have custody with P residing in Scotland. There was no wrongful removal, so Article 12 of the Hague Convention is not engaged and no return order is warranted.

Citation
[2017] ScotCS CSOH_26
Parties
Petitioner: KS; Respondent: MG
Jurisdiction
Scotland
Judgment Date
17 February 2017
Procedural Posture
Child Abduction Petition / Final Judgment
Outcome
petition refused
Legal Topics
Child Abduction, Custody, Hague Convention, International Relocation
Family Law International Law Child Abduction Custody Hague Convention International Relocation

Case Brief

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Parties

KS

Petitioner

MG

Respondent

Procedural Posture

Child Abduction Petition / Final Judgment

Legal Issues

  1. 1 Whether the removal of P from Poland breached the petitioner's rights of custody under the Hague Convention
  2. 2 Whether the court should refuse to order the return of the child because he objects and has attained an age and degree of maturity at which it is appropriate to take account of his views

Ratio Decidendi

The respondent did not act in breach of the petitioner's custody rights by removing P from Poland; the District Court's order authorized the respondent to have custody with P residing in Scotland. There was no wrongful removal, so Article 12 of the Hague Convention is not engaged and no return order is warranted.

Court Disposition

petition refused

Orders

  • petition refused
  • first plea-in-law for respondent sustained