Children “in transit” still habitually resident in Scotland

A different approach to child abduction from Sheriff Mann in Banff, in KT v PT 2015SCBAN57 (27 August 2015). The pursuer raised divorce proceedings. By the time of the child welfare hearing the children were in Poland, as was the practice during the summer holidays.

The pursuer was going to move to Germany with them. The pursuer argued the children were now habitually resident in Poland, not Scotland, and the sheriff could not entertain the defender’s crave for a s 11 order.

Sheriff Mann concluded the children were “in transit”. They were not in Germany and remained habitually resident within the jurisdiction of his court. The children had arguably been abducted, at least in so far as the proposed move to Germany was concerned.

The pursuer submitted herself to the jurisdiction of the court by raising these proceedings, which of itself compelled the court to consider whether a s 11 order was necessary. The sheriff ordained the pursuer to return the children within seven days.