Faculty wary of child abduction single appeal proposal
A proposal to limit challenges to judicial rulings in child abduction cases to a single appeal has been challenged by the Faculty of Advocates in its response to a consultation.
The suggestion features in changes proposed by the European Commission to the Brussels IIa Regulation, which sets the rules for EU judicial cooperation in cross-border matrimonial matters. To speed up child abduction court cases, the Commission proposes that a single appeal be allowed against a court’s judgment for the return of an abducted child.
In Scotland, that would be an appeal to the Inner House of the Court of Session, with no further challenge to the UK Supreme Court.
“The proposal that there should be only one appeal is attractive in promoting expedition, particularly given the current procedures for appeal to the Supreme Court which now slow down second appeals (by requiring an application for permission to appeal…),” Faculty states.
“But the drawback is that the Supreme Court has been instrumental in elucidating legal principle in a number of cases. If we prevented a second appeal we would lose the capacity to secure an authoritative decision in cases of difficulty, bearing in mind that Supreme Court decisions have an impact on Hague (Convention) cases worldwide.”
Faculty describes the Commission's proposals, which affect many areas of matrimonial practice, as "detailed, technical and important", though it has not had sufficient time to consider the full impact. Among other comments it regrets that the Commission has failed to address the interrelationship betwen the Brussels IIa Regulation and the Maintenance Regulation; and makes observations on the rules relating to hearing a child, and placement in secure accommodation in another member state.