The Supreme Court has refused permission to appeal in the case of YS (AP) (Appellant) v BS (AP) (Respondent) (Scotland) UKSC 2019/0239 ([2019] CSIH 50)
On 1st October 2019 the Inner House of the Court of Session upheld the Lord Ordinary’s refusal of a petition under the Child Abduction and Custody Act 1985 for an order requiring the respondent to return the parties’ children to Italy, where the children had been habitually resident.
The petitioner, the father of the children, was found by the Lord Ordinary to have consented to the children’s removal by their mother to Scotland in terms of article 13(a) of the Convention of the Civil Aspects of International Child Abduction 1980 by signing a document stating that he had no objection to the respondent travelling to Scotland with the children and sending a text message a month later to the respondent saying that she could decide whether to move back to Scotland with the children after the ongoing school term. The Inner House refused the reclaiming motion, upholding the Lord Ordinary’s findings.
On 24 January 2020 the UK Supreme Court refused permission to appeal the decision of the Inner House, on the grounds that the application “did not raise a point of law of general public importance which ought to be considered at this time. The point sought to be argued was not raised and was not in any event of any materiality to the outcome of the father’s application.”
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