In the Petition of DM

Facts

F and M, British citizens holding Green Cards, had lived with their two sons in Florida. On 14 July 2025 the family travelled to the UK for a three-week holiday; on 26 July 2025, while in Scotland, M told F that she intended to remain there with H, then aged 14, and B, then aged eight. F did not consent and on 1 August 2025 petitioned the Court of Session under article 12 of the Hague Convention on the Civil Aspects of International Child Abduction 1980, as incorporated by the Child Abduction and Custody Act 1985, for the children's return. M did not dispute wrongful retention but opposed return under article 13(b), relying on the lack of proper education, F's precarious finances and the prospect of house moves and homelessness, the lack of future accommodation, the absence of health insurance, allegations of domestic abuse, and above all her own mental health: she did not intend to return to the USA, and on 2 September 2025 she took an overdose. H, served with the petition and separately represented, filed affidavits stating that he strongly wished to return to Florida. Lord Braid ordered H's return but refused to order B's. An Extra Division of the Inner House allowed M's reclaiming motion as to H and refused F's as to B. F and H appealed.