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Family proceedings – Orders in family proceedings. The claimant father brought proceedings in the Scottish court concerning a residence order that the defendant mother sought in relation to two children. He maintained that the mother's proceedings were a wrongful retention within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Lord Ordinary granted the father's application, but the Extra Division dismissed it on appeal. The Supreme Court held that the Extra Division had not erred, and that the children had been resident in Scotland as contended by the mother.
Family proceedings – Orders in family proceedings. The claimant father brought proceedings in the Scottish court concerning a residence order that the defendant mother sought in relation to two children. He maintained that the mother's proceedings were a wrongful retention within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction 1980. The Lord Ordinary granted the father's application, but the Extra Division dismissed it on appeal. The Supreme Court held that the Extra Division had not erred, and that the children had been resident in Scotland as contended by the mother.
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