On appeal from: [2014] CSIH 95

The Supreme Court unanimously dismissed the appeal concerning proceedings under the Child Abduction and Custody Act 1985 to secure the return of the appellant’s children from Scotland to France, where he was resident.

The appellant argued that the proceedings seeking a residence order in respect of his children and an interdict against him removing them from Scotland was a wrongful retention within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction, art 3, as the children were habitually resident in France immediately before the proceedings commenced. Continue reading »