PQ, Re Application For An Order Under The Child Abduction & Custody Act 1985 [2000] ScotCS 114 (27 April 2000)

PQ, Re Application For An Order Under The Child Abduction & Custody Act 1985 [2000] ScotCS 114 (27 April 2000)

The court found that, on the balance of probabilities, there was a grave risk that returning the children to France would expose them to physical or psychological harm or otherwise place them in an intolerable situation, due to credible and specific allegations of sexual and physical abuse by the father, the lack of effective interim protective measures in France, and the potential for further trauma to the children. The grave risk exception under Article 13(b) of the Hague Convention was established, and the order for return was refused.

Citation
[2000] ScotCS 114
Parties
Petitioner: P. Q.; Respondent: R. S.
Jurisdiction
Scotland
Judgment Date
27 April 2000
Procedural Posture
Petition for Return of Children Under the Child Abduction and Custody Act 1985 (hague Convention) / First Hearing and Judgment at Outer House, Court of Session
Outcome
Petition refused; return of children to France not ordered.
Legal Topics
International Child Abduction, Hague Convention, Grave Risk Exception, Child Custody, Protective Measures
Family Law International Law Child Protection International Child Abduction Hague Convention Grave Risk Exception Child Custody Protective Measures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

P. Q.

Petitioner

R. S.

Respondent

Procedural Posture

Petition for Return of Children Under the Child Abduction and Custody Act 1985 (hague Convention) / First Hearing and Judgment at Outer House, Court of Session

Legal Issues

  1. 1 Whether the removal of the children from France to Scotland was wrongful under the Hague Convention
  2. 2 Whether there is a grave risk that return would expose the children to physical or psychological harm or place them in an intolerable situation (Article 13(b) Hague Convention)
  3. 3 Whether adequate protective measures exist in France to safeguard the children if returned

Ratio Decidendi

The court found that, on the balance of probabilities, there was a grave risk that returning the children to France would expose them to physical or psychological harm or otherwise place them in an intolerable situation, due to credible and specific allegations of sexual and physical abuse by the father, the lack of effective interim protective measures in France, and the potential for further trauma to the children. The grave risk exception under Article 13(b) of the Hague Convention was established, and the order for return was refused.

Court Disposition

Petition refused; return of children to France not ordered.

Orders

  • No order for return of the children to France under the Hague Convention.
  • Restriction on publication of identifying details of the children.