NEWS

This Fact sheet - Protective measures available in Scotland, prepared by the Hague Network judges for Scotland, provides information on protective measures available in Scotland. It has been prepared for judges, parties, parents and mediators from other jurisdictions.

It may be useful to refer to in cases of international child abduction involving a child or children allegedly wrongfully removed from, or wrongfully retained out of, Scotland when an application has been made under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the 1980 Convention”) and the requested party seeks to rely on the “grave risk exemption” under Article 13(1)(b) of the 1980 Convention when opposing a return application.

Quickly sourcing information on what protective measures might be available in the requesting state and how they can be given effect to can be challenging, particularly as there are now over 100 contracting parties to the 1980 Convention. It is hoped that this factsheet might be of assistance, particularly to judges from other jurisdictions, in helping to explain what protective measures are available in Scotland.

Please note that the information within this document does not constitute legal advice. Third parties must treat the content of this fact sheet as general information which does not constitute any form of legal advice or recommendation upon which a specific decision may be made.

For future reference, the factsheet can be found on the resources page of the Judiciary of Scotland website.