McCarthy v. McCarthy [1994] SLT 743

INCADAT legal file Hague parental abduction

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Information:

The children, two boys and a girl, were aged 10, 2 and 5 respectively at the date of the alleged wrongful removal. They had lived in Ireland all of their lives.
The parents were separated and both parents were guardians of the children; the mother had care and control and the father had access. Neither parent was to remove the children without the prior consent of the other. In August 1993 the mother took the children to Scotland for a holiday with the consent of the father. She did not return.
The father petitioned the Scottish courts for the return of the children.