This appeal concerns the right to marry protected by art.12 of the ECHR, one of the articles to which domestic effect is given by the Human Rights Act 1998. More specifically, the appeal concerns the control of that right by the Secretary of State under and pursuant to s.19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. The agreed issue is whether the scheme established by and under s.19 involves a disproportionate interference with (and therefore a breach of) the art.12 r ...
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Debate:- In this action the question at debate was when did the pursuer and defender stop cohabiting? The parties separated at some point in 2006. They had a child who was born in 1997. The pursuer contended that they separated in June, the defender, April. The date of separation was important to the pursuer's action because if the parties were co-habiting after 4 May 2006 the pursuer's claim on the defender would be restricted by virtue of the operation of Section 28 of the Family Law (Scotland ...
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The CA held that when a court is conducting a fact-finding hearing in family proceedings involving serious allegations og domestic violence it was not appropriate to accept a submission of no case to answer. A retrial was ordered in the instant case.
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The Pursuer and the Defender have a child, GM. When they separated, The Defender obtained full parental responsibilities and rights in relation to GM. The Defender decided that she would move to Spain to live permanently, taking GM with her. The Pursuer raised proceedings for inter alia interdict. The Defender craved a specific issue order under Section 11 (2) (e) of the Children (Scotland) Act 1985 allowing her to move GM from the UK to live permanently in Spain. She was ordained to l ...
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Matrimonial:- On 23 June 1990 the parties married. At that time, the pursuer was aged 49 and had been married before. She was a school biology and chemistry teacher by profession until she retired in 2000. The defender was 46 and had never married and had been living in Aberdeen as a pharmacist, operating two shops. He was comfortably well off as a bachelor. In this action the pursuer sought capital sum of amounting to one half of the matrimonial property notwithstanding the capital which the de ...
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Preliminary proof in respect of when the date of cohabitation ceased between parties. S10 (7) Family Law (Scotland) Act 1985. Whether there had been a period of regular reconciliation. Defender stated that the pursuer's repeated assertions that the marriage had broken down were inconsistent with assertion of continued married life. Relevant date disputed.
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The question in this case is whether it is consistent with Convention rights as defined in s.1(1) of the Human Rights Act 1998 for a couple to be excluded from consideration as adoptive parents of a child on the ground only that they are not married. The woman is the natural mother of the child. The man is not the father but he and the woman have been living together for some years and treat the child as a member of the family. The legal obstacle to their adoption application is art. 14 of t ...
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A father's application for the summary return of a child to Australia from England was refused. The court held that the father had acquiesced to the removal of the child and whilst this acquiescence had been conditional it was still valid and effective.
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An appeal of a father against adoption orders made in respect of his youngest children was dismissed. The court held that it had been open to the judge to make these orders notwithstanding the judge's request at an earlier hearing that the LA reconsider it's position and file care plans for long term foster care. In the interim the position of the guardian and of a psychologist had changed.
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A mother's appeal against the refusal of a judge to grant her leave to remove her children to Sweden was allowed. It was held that the judge had failed to give weight to the clear wishes and feelings of the children and had erred in his assessment of the financial issues within the case.
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