Easter Term
[2015] UKSC 35
On appeal from: [2014] CSIH 95
| JUDGMENT |
AR (Appellant) v RN (Respondent) (Scotland)
before
Lady Hale, Deputy President
Lord Clarke
Lord Wilson
Lord Reed
Lord Hughes
JUDGMENT GIVEN ON
22 May 2015
Heard on 13 May 2015
Appellant Respondent Kate Dowdalls QC James Turner QC Alison Wild Ruth Innes
| (Instructed by Family Law | (Instructed by Macnabs |
| Matters Scotland LLP) | LLP) |
Intervener (Reunite International Child Abduction Centre)
Written submissions only
Teertha Gupta QC
Michael Gration
William Tyzack
(Instructed by Dawson
Cornwell)
Intervener ( Children and Families Across Borders)
Written submissions only
Deirdre Fottrell QC
Daisy Hughes
Eleri Jones
(Instructed by Freeman
Solicitors)
Intervener (International Academy of Matrimonial
Lawyers)
Written submissions only
Timothy Scott QC
(Instructed by SKO
Family)
LORD REED: (with whom Lady Hale, Lord Clarke, Lord Wilson and Lord
Hughes agree)
1. The issue in this case is whether the court should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arises under article 3 of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as incorporated into the law of the United Kingdom by the Child Abduction and Custody Act 1985.
The facts
2. The children were born in France in August 2010 and June 2013. Their father is a French citizen who has lived in France all his life. He has a small business in France. Their mother is a British and Canadian citizen, who was born in Canada of a Scottish mother. She works from home for a Canadian employer. She and the father have never been married.
Until July 2013 the family lived together in France, visiting the mother’s
parents in Scotland from time to time. During July 2013 the mother and the two
children came to live in Scotland. They did so with the agreement of the children’s father. According to the father’s affidavit, it had been agreed that the mother and the
children should live in Scotland during her 12 months’ maternity leave, returning
afterwards to France. According to the mother’s affidavit, it had been agreed that
the family would move permanently away from France, although not necessarily remaining in Scotland beyond the duration of her maternity leave. The father was to join the rest of the family after the family home in France had been sold, and arrangements had been made in relation to the management of his business, and they would then decide where to settle in the longer term. What is uncontroversial is that the mother and children were to live in Scotland for the period of about a year from July 2013 during which she was on maternity leave.
4. Following their arrival in Scotland, the mother and children lived initially with the maternal grandparents. In August 2013 the family home in France was sold, the sale being completed two months later. The elder child also started to attend the local nursery in Scotland in August 2013, and…
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- AGLC
- AR v RN (Habitual Residence) [2015] UKSC 35
- Case
- [2015] UKSC 35
- Decision Date
CaseChat Overview and Summary
The Supreme Court found that the lower courts had erred in their approach to determining habitual residence. The Lord Ordinary had focused exclusively on whether there was a joint intention to permanently relocate to Scotland, ignoring other relevant factors such as the stability and integration of the children’s lives in Scotland. The Inner House, on the other hand, had rightly considered the necessary stability of residence but misconstrued the issue as one of duration rather than integration. The Supreme Court concluded that the children had indeed become habitually resident in Scotland due to the stability and integration of their lives there, despite the original intention for the stay to be temporary. As such, the children were not wrongfully retained in Scotland, and the appeal by the father was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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