IGR (AP), Re Orders Under the Child Abduction and Custody Act 1985 [2011] ScotCS CSOH_208 (20 December 2011)

IGR (AP), Re Orders Under the Child Abduction and Custody Act 1985 [2011] ScotCS CSOH_208 (20 December 2011)

The court found that the petitioner had not acquiesced in the retention of the child in Scotland, that no grave risk of harm or intolerable situation was established, but that the child was now settled in his new environment in Scotland within the meaning of Article 12 of the Hague Convention. The settlement exception was clearly made out, overriding the otherwise mandatory duty to order return.

Citation
[2011] ScotCS CSOH_208
Parties
Petitioner: IGR (AP); Respondent: Respondent (Mother)
Jurisdiction
Scotland
Judgment Date
20 December 2011
Procedural Posture
Petition for Return Order Under the Child Abduction and Custody Act 1985 / Judgment After Full Hearing
Outcome
Petition refused
Legal Topics
Child Abduction, Custody, Hague Convention, Brussels II Bis, Habitual Residence, Return Order, Settlement Exception, Grave Risk Exception
Family Law International Law Child Abduction Custody Hague Convention Brussels II Bis Habitual Residence Return Order +2 more

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

IGR (AP)

Petitioner

Respondent (Mother)

Respondent

Procedural Posture

Petition for Return Order Under the Child Abduction and Custody Act 1985 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the child E should be returned to Poland under the Hague Convention and Child Abduction and Custody Act 1985
  2. 2 Whether the petitioner acquiesced in the retention of the child in Scotland
  3. 3 Whether there is a grave risk that return would expose the child to harm or intolerable situation

Ratio Decidendi

The court found that the petitioner had not acquiesced in the retention of the child in Scotland, that no grave risk of harm or intolerable situation was established, but that the child was now settled in his new environment in Scotland within the meaning of Article 12 of the Hague Convention. The settlement exception was clearly made out, overriding the otherwise mandatory duty to order return.

Court Disposition

Petition refused

Orders

  • No order for return of the child to Poland
  • No further orders made