This case focused on an international child residence dispute involving two children, Hanna (9) and Yara (7), following the separation of their parents, M and A. The decision underscores the paramount importance of children’s welfare under the Children (Scotland) Act 1995, particularly in cross-border cases.
Background
M and A were originally from Syria and Spain, respectively, and had lived in Qatar with their children prior to their separation in mid-2022. A relocated to Scotland with the children without M’s consent, alleging domestic abuse and a need for stability. M sought a residence order allowing him to relocate the children back to Qatar, citing better living conditions and educational opportunities. A opposed this, seeking sole residence in Scotland.
Key Issues
- Children’s Welfare and Stability:
The court assessed the welfare of the children under Section 11(7) of the Children (Scotland) Act 1995, which requires their best interests to be the paramount consideration. Both children expressed a preference to remain in Scotland with A, citing their new school and friendships. - Allegations of Domestic Abuse:
A alleged that M subjected her and the children to abuse, which M denied. While the allegations were not fully substantiated, the court considered their potential impact on the children’s welfare. - International Relocation and Cultural Factors:
The court examined the practicality of relocating the children to Qatar, considering the cultural differences and challenges of uprooting them from their established lives in Scotland.
Court’s Findings
Lady Carmichael ruled in favour of A, granting her sole residence of the children in Scotland. M’s request to relocate the children to Qatar was refused. The court emphasised that the children’s welfare, including their need for stability and continuity, was paramount.
Although the abuse allegations were inconclusive, the court found that relocating the children would disrupt their emotional and social development, which had stabilised in Scotland.
Significance for Family Law
This case reinforces the principle that children’s welfare is paramount in residence disputes under Scottish law. It highlights the importance of considering the views of the children alongside practical and cultural factors in international relocation cases.
For assistance with child residence and contact disputes, particularly those with international elements, contact Rooney Family Law for expert advice.