PETITION BY TS AGAINST S [2024] ScotCS CSOH_40 (04 April 2024)

PETITION BY TS AGAINST S [2024] ScotCS CSOH_40 (04 April 2024)

The court found that the child, Cristina, objects to return to Russia and has attained an age and degree of maturity at which it is appropriate to take account of her views. Her objections are reasoned, age-appropriate, and authentically her own, not the product of parental influence. While the Convention’s objectives and the petitioner’s role as primary carer are important, they are not of such gravity as to override the child’s objections in this case. The respondent did not establish a grave risk of harm or intolerable situation if the child were returned. The court exercised its discretion to refuse to order the return of the child to Russia.

Citation
[2024] ScotCS CSOH_40
Parties
Petitioner: TS; Respondent: S
Jurisdiction
Scotland
Judgment Date
04 April 2024
Procedural Posture
Petition Under the Child Abduction and Custody Act 1985 / Final Judgment at First Instance
Outcome
Petition refused; return of the child to Russia not ordered.
Legal Topics
Hague Convention on the Civil Aspects of International Child Abduction, Child's Objections to Return, Grave Risk of Harm, Habitual Residence, Exercise of Judicial Discretion
Family Law International Child Abduction Hague Convention on the Civil Aspects of International Child Abduction Child's Objections to Return Grave Risk of Harm Habitual Residence Exercise of Judicial Discretion

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Parties

TS

Petitioner

S

Respondent

Procedural Posture

Petition Under the Child Abduction and Custody Act 1985 / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the child objects to return to Russia and has attained sufficient age and maturity for her views to be considered under Article 13 of the Hague Convention
  2. 2 Whether there is a grave risk that return would expose the child to physical or psychological harm or place her in an intolerable situation under Article 13(b) of the Hague Convention
  3. 3 Whether the court should exercise its discretion to refuse return based on the child's objections and other Convention considerations

Ratio Decidendi

The court found that the child, Cristina, objects to return to Russia and has attained an age and degree of maturity at which it is appropriate to take account of her views. Her objections are reasoned, age-appropriate, and authentically her own, not the product of parental influence. While the Convention’s objectives and the petitioner’s role as primary carer are important, they are not of such gravity as to override the child’s objections in this case. The respondent did not establish a grave risk of harm or intolerable situation if the child were returned. The court exercised its discretion to refuse to order the return of the child to Russia.

Court Disposition

Petition refused; return of the child to Russia not ordered.

Orders

  • The petition for return of the child to Russia is refused.