Attempt in Court of Session to enforce English decree for delivery of children

A client was served with an action in the Court of Session seeking to enforce an English residency order to return her two sons to live with their father.  Whilst the original order in England had been competently granted,  the children were both mature and were very strongly objecting to returning to their father’s care in England.  Although the court in Scotland did not have the power to review the merit of a  substantive welfare decision made about the children by the English court,  we took swift action and were able to present at short notice sufficient evidence to the Court of Session judge of the harmful impact on the children of being forced to return to England against their will,  that the Scottish  Court refused to grant the order the father sought. There was then an urgent review of the care orders in England which resulted in our client retaining of the children care and obtaining full residence.