N.S.A. v. M.A. or N. [2006] CSOH 194

Here the pursuer concluded for an order ordaining the defender to return his two and a half year old chilcd "M" to Scotland, for a residence order providing that M should reside with him, for an order for delivery of M into his care and control, and for interdict prohibiting the defender from removing M from his care and control or from Scotland. In June 2005 the defender took M to see her family in Pakistan. She was due to return home on 18 August 2005. Having twice changed her travel arrangements, the defender did not return to Scotland. She is presently in Pakistan with M. On 8 May 2006 Lady Smith made an interim Order (1) finding and declaring that M was born in Edinburgh and was, prima facie, habitually resident in Scotland and (2) ordaining the defender to return M to Scotland. Despite that Order, the defender has not returned M to Scotland. Here the defender made a motion to sist the proceedings in Scotland after the defender being served with the Scottish proceedings on 13 June 2006 (She has now instituted proceedings in Pakistan in the form of a Guardianship Application). The pursuer sought:- "a residence order limited to arrangements for the child M to reside with the Pursuer from 1pm on Friday to 1pm on Monday each week, or such other periods as the Court shall order or the parties agree, and otherwise to reside with the Defender, on the basis that the Pursuer undertakes that he will make no objection to the Defender lodging a Minute for Variation of said arrangements (if so advised) on her return to the UK".