Children held to have new habitual residence in Germany

In NN v HN [2018] CSOH 56 (1 June 2018), a father sought an order under the Child Abduction and Custody Act for return of the children to Germany.

He was German and the mother Scottish. The children had been born in Scotland and were dual nationals. They had remained in Scotland until 2017 when they moved to live in Germany before a brief move to Austria in February 2018. In March during a weekend trip to Scotland the respondent concluded the marriage was over and retained the children.

Lady Wise determined the children had lost their habitual residence in Scotland – the move to Germany had been pre-planned and they were integrated in Germany. They remained registered in Germany. The trip to Austria saw them reside in holiday homes, but Germany was the site of the only family home.