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Family Law

Not just about divorce

Our client lived in Portugal with his 11 year old son who had lived with him for a number of years with the benefit of a residence order due to his mother’s chaotic lifestyle. The mother abducted the child from Portugal to Scotland during a Christmas contact visit. She attempted to cover her tracks so that our client could not find his son. Although our experienced family law team attempted to negotiate a voluntary return of the child and avoid court action this was not possible and we needed to raise urgent proceedings under the Hague Convention for the child to be returned to Portugal. In the meantime we required to put a Port Stop in place to avoid the mother fleeing pending the conclusion of the case. The mother attempted to frustrate the action at various stages. She initially attempted to evade service of the papers and she later gave an Affidavit to the Court claiming she and the child were moving to a new address but the address provided turned out to be false. We were successful in obtaining an order from the Court for the child to be returned to our client. The mother undertook to take the child to the airport in the company of social workers so that our client could collect the child and take him home to Portugal. The mother and child failed to appear and we took immediate action to locate the child, arrange for Police Scotland to carry out a welfare check and thereafter to have the child taken into temporary foster care pending the return of our client to Scotland to collect him. We understand from our client that his son has now re-settled into life in Portugal and is doing well.

Our Family Law team has years of experience in helping clients to navigate difficult family situations and relationship crises, placing specific emphasis on protecting the interests of children. We specialise in divorce, resolution of all disputes involving children and niche areas including surrogacy, child relocation and international child abduction.

If you have any enquiries about how we can help you please visit our Family Law webpage. Alternatively, you can contact directly our team and we will be able to help with any family law related issues.

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