Lord Ordinary refused original petition in which the petitioner sought a declarator that the removal of her children to America was wrongful within the meaning of Article 3 of the Convention on the Civil Aspects of International Child Abduction. The children were at the time living with the respondent (Father) in terms of a residential order. The primary basis of the refusal had regard to the fact that there was no written request from the American courts or administrative authorities seeking assistance of the Scottish courts. The petitioner and reclaimer pleads that the Lord Ordinary had misunderstood the law in relation to the operation of section 8 of the Child Abduction and Custody Act 1985 and Article 15 of the Hague Convention.
Court: Court Of Session (Scotland)