Saturday, 29th Apr Aspects of International Child Abduction

United Kingdom

International law: Hague Convention on the Civil Aspects of International Child Abduction Article 3; two children born and raised in France brought to Scotland by their mother with consent of their French father; father remained in France; mother and children intended to stay for one year; relationship between father and mother ended; mother sought residence order in Scotland in respect of children; father argued that those proceedings were wrongful retention within meaning of the Convention as children were habitually resident in France; whether children habitually resident in France or Scotland; whether absence of shared parental intention to move permanently to Scotland an essential element in determining children’s habitual residence; habitual residence should be defined by stability of residence, rather than degree of permanence; no requirement that child resident in a country for a particular period of time; no requirement that one or both parents intend to reside in a country permanently or indefinitely; focus is on circumstances of the child, intention of parents is merely one relevant factor; degree of integration of child and family and social environment important factors; children were habitually resident in Scotland; absence of joint parental intention to reside in Scotland not decisive; appeal dismissed.