Judge rules boy and girl born in New Zealand must now reside in Scotland

A JUDGE has ruled two children should be allowed to remain in Scotland despite their doctor parents having previously reached an agreement that the youngsters’ home should be in New Zealand.

Lady Wise found that the youngsters – who are known only as Madeline and Duncan – should remain resident in the UK.

The judge, who was sitting at the Court of Session in Edinburgh, was ruling in a case bought by the children’s father – a medic known only as F.

In a judgment published yesterday, Lady Wise tells how F married another doctor, who can only be referred to as M. They had left Scotland for a new life in New Zealand and M gave birth to Madeline in 2014 and her brother in 2016.

The judgment reveals the couple’s marriage ran into difficulties in 2019. M wanted to return to Scotland whilst F wished to remain in New Zealand.

However, the pair consulted lawyers and drew up an agreement in June last year which stated the couple would return to Scotland for between 12 to 15 months.

The agreement stated that should the marriage end, the children should be returned to New Zealand, the country where they were born. The couple then moved to Scotland but the marriage ran into difficulties.

In June this year, M started divorce proceedings from F at the Court of Session.

This prompted F to instruct lawyers to go to the Court of Session to seek an order that would allow the children to return to New Zealand.

However, in her judgment ,Lady Wise stated she had heard evidence about how the children had settled into everyday life at their home in southern Scotland.

This prompted Lady Wise to conclude the children had become residents of Scotland and that the earlier agreement had no legal force.

The court heard M has now found work in Scotland and wishes to stay here.