TS v S (Court of Session) [2024] CSIH 24 (02 August 2024)

TS v S (Court of Session) [2024] CSIH 24 (02 August 2024)

The Lord Ordinary's refusal to order the child's return to Russia was a proper exercise of discretion under Article 13 of the Hague Convention, based on the child's clear and consistent objection, her maturity, integration in Scotland, and absence of parental influence; no error of principle or plainly wrong decision was found.

Citation
[2024] CSIH 24
Parties
Petitioner/reclaimer: TS; Respondent: S
Jurisdiction
Scotland
Judgment Date
02 August 2024
Procedural Posture
Child Abduction Petition Under Hague Convention / Reclaiming Motion (appeal) From Refusal of Return Order
Outcome
Reclaiming motion refused; order for return to Russia not granted.
Legal Topics
International Child Abduction, Hague Convention, Child's Objection Defence, Custody Rights
Family Law International Law International Child Abduction Hague Convention Child's Objection Defence Custody Rights

Case Brief

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Parties

TS

Petitioner/reclaimer

S

Respondent

Procedural Posture

Child Abduction Petition Under Hague Convention / Reclaiming Motion (appeal) From Refusal of Return Order

Legal Issues

  1. 1 Whether the Lord Ordinary erred in refusing to order the return of the child to Russia under Article 13 of the 1980 Hague Convention based on the child's objection
  2. 2 Whether the discretion was exercised wrongly or on a wrong principle

Ratio Decidendi

The Lord Ordinary's refusal to order the child's return to Russia was a proper exercise of discretion under Article 13 of the Hague Convention, based on the child's clear and consistent objection, her maturity, integration in Scotland, and absence of parental influence; no error of principle or plainly wrong decision was found.

Court Disposition

Reclaiming motion refused; order for return to Russia not granted.

Orders

  • No order for return of the child to Russia
  • Jurisdiction for substantive welfare decisions remains with Scottish courts