CM v ER

Parent and child – International child abduction. Court of Session: Refusing a reclaiming motion against the Lord Ordinary's interlocutor ordering a one-year-old child's return to Australia, his mother having travelled to Scotland from Australia with him when he was 6 months old and subsequently told his father she was not returning to Australia, the court held that the Lord Ordinary had not erred in concluding that the child had not lost his habitual residence in Australia, that he was wrongfully retained in Scotland on 20 June 2016, or, at the latest, on 8 August and that the petitioner had not consented to an open-ended or indefinite stay in Scotland.

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