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Scotland Case Law

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Family law [2026] CSOH 36

Petition of GNO for orders under the Child Abduction and Custody Act 1985 (Court of Session)

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.

  • Child contact
  • Specific issue order
  • Passport retention
  • Welfare of the child
  • Hague convention 1980
  • Children (scotland) act 1995
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Family law [2026] CSIH 9

Petition of DM (Court of Session)

Petition of DM (Court of Session) [2026] CSIH 9 (10 February 2026)

Inner House held that Article 13(b) barred return of both children to Florida, finding a grave risk of intolerable harm linked to their mother’s mental health and the family situation.

  • Child abduction
  • Hague convention 1980
  • Habitual residence
  • Grave risk exception
  • Child's views
  • Mental health and child welfare
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Family law [2023] ScotCS CSOH_34

PETITION OF BW FOR ORDER UNDER THE CHILD ABDUCTION AND CUSTODY ACT

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.

  • Habitual residence
  • Wrongful retention
  • Hague convention 1980
  • Psychological harm
  • Parental consent
  • Habitual-residence
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Family law [2008] ScotCS CSIH_34

NJC v NPC & Ors, Re Order Under the Child Abduction & Custody Act 1985

NJC v NPC & Ors, Re Order Under the Child Abduction & Custody Act 1985 [2008] ScotCS CSIH_34 (10 June 2008)

Appeal in a Hague child abduction case refused. The Court of Session upheld an order returning three children to France and rejected an adjournment request.

  • Child abduction
  • Custody and residence
  • Hague convention 1980
  • Habitual residence
  • Jurisdiction of foreign courts
  • Children's objections
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Family law [2004] ScotCS 33

II, Re Petition for an Order

II, Re Petition for an Order [2004] ScotCS 33 (13 February 2004)

Hague Convention child abduction petition. The court ordered the return of two children to Cyprus, rejecting Article 13(b) and the child’s objections.

  • International child abduction
  • Hague convention 1980
  • Child custody
  • Habitual residence
  • Article 13(b) exception
  • Children's objections
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.