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August 1, 2006

Mother in Scotland Ordered to Return Children to Holland Under Hague Convention

Posted by Filed under Child Custody, Hague Convention Kidnapping International Child Custody, Paternity.

A Scottish court has upheld a Dutch court’s ruling, under the Hague Convention on the Civil Aspects of International Child Abduction, that a Scottish resident must return her two children to Holland, where their father lives.

The Inverness (Scotland) Courier article: Tug-of-love mother in battle with Dutch courts doesn’t specify how long the children have been living in Scotland (although the reader may infer approximately one year).

According to the article, the parents are in dispute over whether the mother ever told the father that she was permanently removing the children from Holland.

The article does report, however, that the mother moved to Holland a year or two before either child was born, and remained in Holland so that the couple’s two year old and four year old were both born in Holland - and lived only in Holland until their mother removed them.

The article doesn’t furnish any reason as to why the mother left Holland, having lived there on the apparent order of six years.

The mother plans to return to Holland with the children and pursue any legal challenges available there.

Custody of the children has not yet been determined, ony jurisdiction to decide custody.

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