Principal Reporter, applicant (re the child Z)

Parent and child – Parental responsibility – EU law – Shrieval proceedings under Children's Hearings (Scotland) Act 2011 – Jurisdiction. Sheriff Court: Dismissing an application by the Principal Reporter under ss 93(2)(a) and 94(2)(a) of Children's Hearings (Scotland) Act 2011 in respect of a 9-month-old baby, it being agreed that the child was habitually resident in Poland on the date on which the relevant proceedings commenced and that only the Polish courts had substantive jurisdiction to determine the matters of parental responsibility forming the subject of those proceedings, the court, pursuant to art 17 of Council Regulation (EC) No 2201/2003, declared that it had no substantive jurisdiction, and held that in respect that the proceedings were not competent under the domestic law of Scotland, absent the habitual residence of the child in Scotland in terms of r 3.45 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 they did not fall within the scope of art 20(1) of the Council Regulation because they did not constitute such provisional measures as were 'available' under Scots domestic law: the application was therefore incompetent and the grounds of referral would be discharged.

Category: