II, Re Petition for an Order [2004] ScotCS 33 (13 February 2004)

II, Re Petition for an Order [2004] ScotCS 33 (13 February 2004)

The evidence did not establish a grave risk of psychological harm or intolerable situation for the children if returned to Cyprus, whether or not the respondent returned with them. The objections of K were not sufficiently independent, informed, or strong to justify non-return. The ethos of the Convention required return to Cyprus for the Cypriot court to determine custody.

Citation
[2004] ScotCS 33
Parties
Petitioner: I. I.; Respondent: [Name not provided]; Child: K (child)
Jurisdiction
Scotland
Judgment Date
13 February 2004
Procedural Posture
Petition for Return of Children Under Child Abduction and Custody Act 1985 / First Hearing and Determination on Article 13 Defences
Outcome
Petition granted; order for return of children to Cyprus.
Legal Topics
International Child Abduction, Hague Convention 1980, Child Custody, Habitual Residence, Article 13(b) Exception, Children's Objections
Family Law International Law International Child Abduction Hague Convention 1980 Child Custody Habitual Residence Article 13(b) Exception Children's Objections

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Parties

I. I.

Petitioner

[Name not provided]

Respondent

K (child)

Child

Procedural Posture

Petition for Return of Children Under Child Abduction and Custody Act 1985 / First Hearing and Determination on Article 13 Defences

Legal Issues

  1. 1 Whether the Article 13(b) exception to return under the Hague Convention is established due to grave risk of psychological harm or intolerable situation if children returned to Cyprus
  2. 2 Whether the objections of child K to return are sufficient to prevent return under Article 13 of the Convention

Ratio Decidendi

The evidence did not establish a grave risk of psychological harm or intolerable situation for the children if returned to Cyprus, whether or not the respondent returned with them. The objections of K were not sufficiently independent, informed, or strong to justify non-return. The ethos of the Convention required return to Cyprus for the Cypriot court to determine custody.

Court Disposition

Petition granted; order for return of children to Cyprus.

Orders

  • Order for the return of children K and T to Cyprus in terms of Article 12 of the Hague Convention.