The Court of Session’s decision was delivered on 21 April, and explained that the 39-year-old man, identified only as GCMR, asked that his daughter be returned to her place of birth.
His request was refuted on the grounds that the child is “well integrated” into her life in Scotland.
At stake, news channel SIC Noticias reports, is the “illegal removal” of the child, identified by the initials IAR, by her mother, from Portugal.
According to the report, the woman alleged she was the victim of domestic abuse and took the child to Scotland after divorcing from the young girl’s father, with whom she shared custody.
Mother and daughter left Portugal in December 2011 and for the past five years have been living in Hamilton, a city 25 kilometres from Glasgow.
After hearing arguments from both sides, which included witness statements from family and friends, Judge Morag Wise rejected the father’s request, despite admitting the child was taken to Scotland illeglly.
The Judge explained that, “the time that has passed since IAR was illegally removed is so significant that other considerations, besides the immediate objective of having her returned to the country of habitual residence, should be assessed.”
Statements from teachers claim the girl is happy and integrated, and shows signs of enjoying living in Scotland, where she goes to school, has made friends and takes part in extra-curricular activities.
Judge Wise further noted that the child, who left Portugal when she was five, has done all of her schooling in English, in Scotland, and cannot read or write in Portuguese.
IAR herself, described as “sufficiently mature enough to express her own opinion”, told a psychologist she does not want to return to Portugal, and reportedly showed negative feelings about the possibility.
Addressing the father, and despite lamenting that the situation caused by the girl’s mother resulted in an estrangement between father and daughter, the judge concluded: “I hope he will be able to accept her home is in Scotland and make appropriate and sensible gestures in order to heal this conflict.”
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a trial court and a court of appeal.