NN, petitioner

Parent and child – International child abduction. Court of Session: In a case concerning the two children of a German father (the petitioner) and a Scottish mother (the respondent) ,who were born in Scotland in 2011 and 2015 respectively and lived there in family there until the middle of 2017 when they went to live in Germany, and who were retained in Scotland by the respondent after she took them there on a weekend trip on 11 March 2018 and decided that her marriage to their father was at an end, the court concluded that the respondent's retention of the children in Scotland was wrongful and that it should make an order for their return to Germany as sought by the petitioner: the children lost their habitual residence in Scotland during 2017 and acquired a habitual residence in Germany, and they had not lost that habitual residence when the parties went to stay in Austria in February 2018.

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