Westergaard v. Westergaard [1914] ScotLR 781 (17 July 1914)

Westergaard v. Westergaard [1914] ScotLR 781 (17 July 1914)

The Scottish Court has no jurisdiction to entertain the petition for access because the custody and access arrangements were determined by a final and competent Danish decree, and there is no allegation of harm or change of circumstances affecting the child's welfare. The foreign decree is not contrary to Scottish public policy.

Citation
[1914] ScotLR 781
Parties
Petitioner: Elisabeth Margrethe Friis or Westergaard; Respondent: Reginald L. A. E. Westergaard
Jurisdiction
Scotland
Judgment Date
17 July 1914
Procedural Posture
Petition for Access to Child / Final Judgment
Outcome
petition dismissed
Legal Topics
Jurisdiction, Divorce, Custody of Children, Access to Children, Recognition of Foreign Judgments
Family Law Private International Law Jurisdiction Divorce Custody of Children Access to Children Recognition of Foreign Judgments

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Parties

Elisabeth Margrethe Friis or Westergaard

Petitioner

Reginald L. A. E. Westergaard

Respondent

Procedural Posture

Petition for Access to Child / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Court has jurisdiction to entertain a petition for access to a child where custody has been determined by a foreign (Danish) divorce decree.
  2. 2 Whether Scots law will refuse to enforce or recognise a foreign custody/access arrangement as contrary to public policy (contra bonos mores).

Ratio Decidendi

The Scottish Court has no jurisdiction to entertain the petition for access because the custody and access arrangements were determined by a final and competent Danish decree, and there is no allegation of harm or change of circumstances affecting the child's welfare. The foreign decree is not contrary to Scottish public policy.

Court Disposition

petition dismissed

Orders

  • Petition for access refused and dismissed.