ED v SGD [2001] ScotCS 155 (19 June 2001)

ED v SGD [2001] ScotCS 155 (19 June 2001)

The court held that the period spent in Switzerland was too short and the circumstances too unsettled and uncertain to justify an inference that the child had acquired habitual residence there. There was no evidence of a shared settled intention regarding residence, and thus no basis for the petitioner's claim under the Child Abduction and Custody Act 1985.

Citation
[2001] ScotCS 155
Parties
Petitioner: E. D.; Respondent: S. G. D.
Jurisdiction
Scotland
Judgment Date
19 June 2001
Procedural Posture
Petition (child Abduction and Custody) / Reclaiming Motion (appeal)
Outcome
reclaiming motion allowed; petition refused
Legal Topics
Child Abduction, Habitual Residence, Hague Convention, Custody
Family Law International Law Child Abduction Habitual Residence Hague Convention Custody

Case Brief

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Parties

E. D.

Petitioner

S. G. D.

Respondent

Procedural Posture

Petition (child Abduction and Custody) / Reclaiming Motion (appeal)

Legal Issues

  1. 1 Whether the child was habitually resident in Switzerland at the time of removal to Scotland
  2. 2 Whether the petitioner acquiesced in the removal
  3. 3 Whether there was a risk of intolerable situation for the child if returned

Ratio Decidendi

The court held that the period spent in Switzerland was too short and the circumstances too unsettled and uncertain to justify an inference that the child had acquired habitual residence there. There was no evidence of a shared settled intention regarding residence, and thus no basis for the petitioner's claim under the Child Abduction and Custody Act 1985.

Court Disposition

reclaiming motion allowed; petition refused

Orders

  • Prayer of the petition refused.