JDTK, PETITION OF JDTK FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST SJS [2019] ScotCS CSOH_4 (12 December 2018)

JDTK, PETITION OF JDTK FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST SJS [2019] ScotCS CSOH_4 (12 December 2018)

Freya was habitually resident in Scotland by the end of July 2018, or at the latest by early August 2018, due to her and her mother's integration into the social and family environment in Edinburgh. The initial presence in Scotland was voluntary, following a free decision by both parents for medical treatment, and the subsequent integration was gradual and natural. Therefore, her retention in Scotland from 4 September 2018 was not wrongful under Article 3 of the Hague Convention, as she was no longer habitually resident in Ireland at that time.

Citation
[2019] ScotCS CSOH_4
Parties
Petitioner: JDTK; Respondent: SJS
Jurisdiction
Scotland
Judgment Date
12 December 2018
Procedural Posture
Petition for Orders Under the Child Abduction and Custody Act 1985 / Final Judgment at First Instance
Outcome
petition dismissed
Legal Topics
Child Abduction, Habitual Residence, Parental Responsibility, International Custody Disputes
Family Law Private International Law Child Abduction Habitual Residence Parental Responsibility International Custody Disputes

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Parties

JDTK

Petitioner

SJS

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the child Freya was habitually resident in Scotland or Ireland as of 4 September 2018 or 3 October 2018 for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction; Whether the retention of Freya in Scotland by the respondent was wrongful under Article 3 of the Hague Convention; Whether the petitioner acquiesced in the retention of Freya in Scotland

Ratio Decidendi

Freya was habitually resident in Scotland by the end of July 2018, or at the latest by early August 2018, due to her and her mother's integration into the social and family environment in Edinburgh. The initial presence in Scotland was voluntary, following a free decision by both parents for medical treatment, and the subsequent integration was gradual and natural. Therefore, her retention in Scotland from 4 September 2018 was not wrongful under Article 3 of the Hague Convention, as she was no longer habitually resident in Ireland at that time.

Court Disposition

petition dismissed