News In Focus
25 May 2005
Father fails in Scots legal bid
A Scotsman who refused to deal with the English court system which denied him access to his daughter, has been unsuccessful in his bid to have the case passed to Scottish judges.
The Aberdeenshire father, who cannot be named, lost his daughter when his wife took her to live in London and obtained a residence order there.
As the child was born and raised in Scotland, the order was unlawful at that time. However because the father failed to challenge the order and the child has now been in London for five years, she is now the legal responsibility of the English courts.
Yesterday the man, who now wants access to his daughter, asked the Court of Appeal for permission to appeal against all the orders ever made in English courts about his daughter and for jurisdiction over the case to be returned to Scotland's court.
However he was refused permission to appeal and told that only his stubborness stood between him and access to his daughter.