Medical treatment did not preclude habitual residence

The fact that the parties had not originally intended permanent settlement in the present jurisdiction was relevant but not determinative in relation to determination of habitual residence in a Hague Convention application.

In JK v SS [2019] CSOH 4 the difficult circumstances of the case saw the child become seriously unwell during a trip to Scotland. There was initial agreement between the parties for her to remain in Scotland to receive treatment.

An agreement that the child remained in Scotland for an uncertain period for the particular purpose of receiving treatment was also held not to be incompatible with the acquisition of habitual residence.