R.H. V. V.H. for An Order Under the Child Protecion and Custody Act 1985 [2006] CSOH 70

The petitioner was the father of the child who was the subject of dispute. He raised proceedings under the Child Abduction and Custody Act 1985 and sought an order for the return of the child in terms of Article 12 of the Convention on the Civil Aspects of International Child Abduction. The respondent, who was the mother opposed the petition. The evidence was based solely on affidavits and oral evidence from the respondent. The petitioner and respondent were married in Annan on 16 September 1998. The child of the marriage, a daughter, was born in Scotland on 10 August 2002. Prior to 2004 both parties lived and worked in Scotland. The petitioner's mother, was from New Zealand but had lived for many years in Scotland. The petitioner had some relatives in New Zealand and prior to 2004 had visited for some months. He had dual nationality as a citizen of New Zealand and Scotland. In 2004 the parties made arrangements to move to live in New Zealand with the child. There was no discussion as to what would happen if the marriage broke down. In preparation for the move the parties sold their house in Scotland, gave up their jobs and made all the other necessary arrangements for departure. They arived in New Zealand in November 2004 and stayed with relatives of the petitioner before renting accommodation for a short period. In early 2005 they purchased a house in Blenheim, Marlborough, New Zealand where they resided with the child. After a few weeks the respondent who is qualified as a nurse obtained employment working nightshift three nights a week. The petitioner thereafter obtained full-time employment as an architectural assistant. After a few months in New Zealand, the respondent became unhappy as she found it difficult to adjust and she was unhappy with her marriage. The Respondent subsequently returned to Scotland with the child. The court here had to decide whether to return the child to New Zealand in terms of the Child Abduction and Custody Act 1985 . (c) crown copyright

Court: Court Of Session (Scotland)

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