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[1] The petitioner is a Spanish citizen. He lives in Spain . He is the father of two children, a boy aged 11 and a girl aged 5. They have been brought to Scotland by the respondent, their mother, a British citizen who comes from Scotland and whose parents still live there. The petitioner seeks an order that the respondent return the two children to Spain in terms of the Child Abduction and Custody Act 1985.
[4] It is clear that early in 2011 the parties' relationship deteriorated. In about March or April 2011, a decision was made that they should separate. After that decision was reached, they continued to live together in the apartment while they sought to agree arrangements for the children and other practical aspects of the separation.
[11] Since moving to Scotland with the children, the respondent has been living with her parents. The children started school in Scotland in August 2011. It appears that although for a while there was frequent was contact between the petitioner and the respondent and the children, that contact seems to have petered out. Perhaps inevitably, there are disputes about this has happened and who was to blame.
[13] I have already mentioned that the respondent raised proceedings against the petitioner in the Spanish courts. The petitioner made an interim application in those proceedings for an order entitling him to have the children reside with him until the final resolution of the custody action commenced by the respondent.
[15] A copy of the Spanish court's judgment was in evidence before me. That judgment is of some importance. In summarising it I shall, for consistency in this Opinion, continue to refer to the father as the petitioner and to the mother as the respondent. The judgment narrated that the respondent, through her lawyer, had raised a petition against the petitioner concerning the care and custody of the children; and that, in answer to that complaint, the petitioner had requested that precautionary measures be adopted
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