C v. C

[9] By late October of 2007 information was available to suggest that the first respondent might be living in Scotland . Enquiries with a view to his extradition were made by Interpol and the Serious Organised Crime Agency, with the result that he was arrested and appeared at Edinburgh Sheriff Court on 22 November 2007 . He did not consent to his extradition and was released on bail. The full hearing on his extradition is set for 10 March 2008 .

[11] In the present application the first respondent, relying on the provisions of articles 12 and 13 of the Hague Convention on the Civil Aspects of International Child Abduction ("the Convention"), argues that I should refuse to make an order for the return of any of the children. Each of Counsel for the children C and S also argued that I ought to refuse to make an order for the return of the individual child which they represented. In doing so each relied upon the provisions of both article 12 and article 13 of the Convention, which are in the following terms:

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.