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Scotland decisions
Decisions matching the current search
PETITION OF JL AGAINST ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 [2024] ScotCS CSOH_24 (29 February 2024)
The Court of Session refused to order two children’s return to Spain, holding that return would create a grave risk of psychological harm under Article 13(b).
ZA AND MN AGAINST B AND OTHERS [2022] ScotCS CSOH_38 (12 May 2022)
The court refused parents’ request to return a child to Qatar, finding that her welfare was better served by remaining in Scotland with her sister A.
NN, PETITION OF FOR ORDERS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985 AGAINST HN [2018] ScotCS CSOH_56 (01 June 2018)
The court held the children were habitually resident in Germany and ordered their return under the Hague Convention, though final arrangements were deferred.
C, PETITION OF AGAINST N [2018] ScotCS CSIH_34 (02 May 2018)
The Inner House held that children wrongfully removed from Italy were settled in Scotland and refused a return order under the Hague Convention.
ES, Re Orders Under Child Abduction and Custody Act 1985 v EML [2017] ScotCS CSOH_79 (12 May 2017)
The Court of Session held that the mother failed to prove the father consented to the child's removal from Spain to Scotland and ordered the child's return.
GCMR, Re An Order Under The Child Abduction and Custody Act 1985 [2017] ScotCS CSOH_66 (21 April 2017)
The Court of Session refused a Hague Convention return order after finding the child settled in Scotland and giving weight to her objections to return.
KS v MG [2017] ScotCS CSOH_26 (17 February 2017)
A Hague Convention child abduction petition was refused after the court held the Polish order authorised the child’s residence in Scotland.
Hib, Re An Order Under The Child Abduction And Custody Act 1985 [2013] ScotCS CSOH_187 (06 December 2013)
The Court of Session refused a father’s petition for the return of two children to France under the Hague Convention, finding settlement in Scotland and no grave risk.
JA, Re An Order Under the Child Abduction and Custody Act 1985 [2011] ScotCS CSOH_215 (23 December 2011)
The Court of Session refused a Hague Convention return order for two children, holding that the elder child’s mature objections justified refusing return to Spain.
IGR (AP), Re Orders Under the Child Abduction and Custody Act 1985 [2011] ScotCS CSOH_208 (20 December 2011)
The Court of Session refused a Hague Convention return order to Poland, finding the child was settled in Scotland though no acquiescence or grave risk was proved.
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