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Scotland decisions
Decisions matching the current search
Petition of GNO for orders under the Child Abduction and Custody Act 1985 (Court of Session) [2026] CSOH 36 (07 April 2026)
The Court of Session made contact and passport orders for a child in a Hague Convention access dispute, but refused additional contact days.
CO against TL (Sheriff Appeal Court Civil) [2025] SACCIV 20 (17 July 2025)
Appeal refused in a child residence and relocation dispute. The court upheld orders allowing the child to live with the father in Denmark and rejected errors of law and fact.
PETITION BY TS AGAINST S [2024] ScotCS CSOH_40 (04 April 2024)
Court of Session refused a Hague Convention return order to Russia after finding the child objected to return and was old and mature enough for her views to count.
MP FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 [2023] ScotCS CSOH_58 (25 August 2023)
Hague Convention petition for return of two children to Poland refused after the court found both children objected to return and that grave risk was established.
PETITION OF BW FOR ORDER UNDER THE CHILD ABDUCTION AND CUSTODY ACT [2023] ScotCS CSOH_34 (01 June 2023)
The Court of Session dismissed a Hague Convention petition for return of two children to the Netherlands, holding they were habitually resident in Scotland by late July 2022.
AD AGAINST SD [2023] ScotCS CSIH_17 (17 March 2023)
The Inner House refused return of two children to Illinois under Article 13(b), holding that domestic abuse allegations and breached orders made protective measures ineffective.
PETITION OF F AGAINST M [2021] ScotCS CSOH_90 (31 August 2021)
The Court of Session held that children had become habitually resident in Scotland despite a parental agreement stating they would remain New Zealand-based.
PETITION OF JP FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST AAR AND ENM [2020] ScotCS CSOH_80 (28 August 2020)
The Court of Session held that the child had lost habitual residence in Italy and acquired habitual residence in Scotland, so the Hague Convention did not apply.
YS, RECLAIMING MOTION BY YS AGAINST BS [2019] ScotCS CSIH_50 (01 October 2019)
The Inner House refused a reclaiming motion and upheld a non-return order after finding the father had consented to the children’s removal to Scotland.
AR, Re An Order Under The Child Abduction And Custody Act 1985 [2014] ScotCS CSIH_95 (14 November 2014)
The Inner House held that two children were habitually resident in Scotland, quashed a return order to France, and refused the Hague petition.
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