PH (AP), Re An Order for the Return of a Child under the Child Abduction and Custody Act 1985
[2014] CSOH 79
In the Outer House, Court of Session
Case Number P177/14
Before Lord Doherty
Decided on April 30, 2014

Relevancy of the Case: Consideration of cyber bullying problem faced by a child in a custody case

Statutes and Provisions Involved

• The Hague Convention (Article 3, 12, 13)
• The Child Abduction and Custody Act 1985 (Section 1, Schedule 1)

Relevant Facts of the Case

• The petitioner and respondent had two children from their marriage, a son, J, and a daughter, K. They separated in 2007.
• J, the son, has lived with the respondent father since 2009.
• In 2012, the petitioner, her new husband, H, and K moved to Norway in connection with H’s work.
• In 2013, K came to her father’s home for a visit. She was supposed to return to Norway in the same month but did not. She decided to stay with her father and brother.
• The petitioner attempted to bring K back but to no avail. Hence, she has filed this petition to take her back to Norway.

Prominent Arguments by the Counsels

• The petitioner’s counsel submitted that the court should order K’s return. K’s objections are insufficient to justify an exception against the Hague Convention policy. Moreover, she had also resolved the “cyber bullying problem” K faced in Norway.
• The respondent’s counsel argued that the court should not order K’s return. She has strongly and rationally objected to being returned. Moreover, her views coincide with her welfare interests.

Opinion of the Bench

• The court noted the psychologist’s findings after their interview with K. They pointed out that the child objected strongly to being returned to Norway. Moreover, undue parental pressure did not influence her views.
• A court should prioritise the child’s objection and her welfare considerations.
• The parties would hopefully take steps to renew contact between K and her mother.

Final Decision

• The court refused the petition.

Adyasha Sahoo, an undergraduate student at the Institute of Law, Nirma University Ahmedabad, and Arnav Kaman, an undergraduate student at Rajiv Gandhi National University of Law, Punjab, prepared this case summary during their internship with The Cyber Blog India in January/February 2024.