RH v. VH [2006] ScotCS CSOH_70 (05 May 2006)

RH v. VH [2006] ScotCS CSOH_70 (05 May 2006)

The petitioner did not give unequivocal consent to the removal of the child for permanent residence in Scotland outside the context of a family arrangement. The respondent's clandestine removal of the child indicated absence of consent. No grave risk to the child was established under Article 13(b).

Citation
[2006] ScotCS CSOH_70
Parties
Petitioner: R. H.; Respondent: V. H.
Jurisdiction
Scotland
Judgment Date
05 May 2006
Procedural Posture
Petition Under Child Abduction and Custody Act 1985 / Second Hearing After Preliminary Procedure and Oral Evidence
Outcome
Order granted for return of the child to New Zealand.
Legal Topics
International Child Abduction, Custody Rights, Hague Convention, Consent Defence, Return of Child
Family Law International Law International Child Abduction Custody Rights Hague Convention Consent Defence Return of Child

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Parties

R. H.

Petitioner

V. H.

Respondent

Procedural Posture

Petition Under Child Abduction and Custody Act 1985 / Second Hearing After Preliminary Procedure and Oral Evidence

Legal Issues

  1. 1 Whether the petitioner consented to the removal of the child from New Zealand to Scotland under Article 13 of the Hague Convention
  2. 2 Whether there is a grave risk that the return of the child would place the child in an intolerable situation under Article 13(b)

Ratio Decidendi

The petitioner did not give unequivocal consent to the removal of the child for permanent residence in Scotland outside the context of a family arrangement. The respondent's clandestine removal of the child indicated absence of consent. No grave risk to the child was established under Article 13(b).

Court Disposition

Order granted for return of the child to New Zealand.

Orders

  • Order for return of the child to New Zealand under the Child Abduction and Custody Act 1985.
  • Case to call By Order to determine final arrangements for return.