Catherine Karlin: Convention must be followed in reaching decision

THE Hague Convention on the International Aspects of Child Abduction 1980 is designed to prevent the wrongful removal or wrongful retention of children.

The convention applies where a child is habitually resident in a contracting state immediately before the wrongful removal and ceases to apply when the child turns 16.

A wrongful removal or retention will take place in most cases where one parent removes or retains a child without the other parent's consent, irrespective of who is exercising day-to-day care of the children.

In Scotland, the Court of Session deals with all such cases and there are strict time limits imposed from the date of the petition being lodged.

In the majority of cases, the court orders a return. The reason for this is it is not for the court in Scotland to concern itself with the merits of a "custody dispute". The proper place for that to be determined is the country from where the child came.

I have been involved in cases where the court has allowed children as young as eight to be represented and their views given weight. I have also acted for a man who was unsuccessful in having his children returned to France as the Scottish mother was able to persuade the court that her defence of "grave risk" was merited.

Each case will be decided on its own, individual merits.

• Catherine Karlin is a family law expert and partner at HBJ Gateley Wareing