Where a child of eleven years, but of greater maturity, made a compelling, reasoned and clear case for not being returned to one parent after an international abduction, the court could, with great care, refuse to order her return. Where two children were involved, and an order for the younger would split the children up, a court could also make an order refusing to return that child. It was possible for the child herself to make out the defence under the Convention.
Citations:
Times 24-Apr-2000
Statutes:
Child Abduction and Custody Act 1985
Jurisdiction:
England and Wales
Children
Updated: 28 April 2022; Ref: scu.82225
