Campins-Coll Petitioner [1988] ScotCS CSOH_1 (29 June 1988)

Campins-Coll Petitioner [1988] ScotCS CSOH_1 (29 June 1988)

The Spanish decree of custody was incompatible with the earlier valid and enforceable Scottish decree awarding custody to the respondent, and refusal of recognition and enforcement was in accordance with the welfare of the child. Alternatively, by reason of a change in circumstances, including the child's settled...

Source-derived case information.

Citation
[1988] ScotCS CSOH_1
Parties
Petitioner: Campins-Coll; Respondent: Mrs Sarah Campins
Jurisdiction
Scotland
Judgment Date
29 June 1988
Procedural Posture
Petition for Registration and Enforcement of Foreign Custody Order / Final Judgment
Outcome
petition refused
Legal Topics
Child Custody, Recognition and Enforcement of Foreign Judgments, Child Abduction, Welfare of the Child
Family Law International Law Child Custody Recognition and Enforcement of Foreign Judgments Child Abduction Welfare of the Child

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Parties

Campins-Coll

Petitioner

Mrs Sarah Campins

Respondent

Procedural Posture

Petition for Registration and Enforcement of Foreign Custody Order / Final Judgment

Legal Issues

  1. 1 Whether the Spanish decree of custody should be recognised and enforced in the United Kingdom under the Child Abduction and Custody Act 1985 and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children
  2. 2 Whether refusal of recognition and enforcement is justified under Article 10(1)(b) or (d) of the Convention

Ratio Decidendi

The Spanish decree of custody was incompatible with the earlier valid and enforceable Scottish decree awarding custody to the respondent, and refusal of recognition and enforcement was in accordance with the welfare of the child. Alternatively, by reason of a change in circumstances, including the child's settled life and wishes in Scotland, the effects of the Spanish decree were manifestly no longer in accordance with the welfare of the child.

Court Disposition

petition refused

Orders

  • Refusal of recognition and enforcement of the Spanish decree of custody dated 8 May 1982 in the United Kingdom.
  • Sustaining of the third and fourth pleas-in-law for the respondent.