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(Court of Appeal; Thorpe and Smith LJJ; 22 September 2010)
The mother removed her children from their recently established home in Canada and returned them to their former home in England. The children, aged 13 and 9, did not wish to return to Canada. The father's originating summons was not filed until 6 months after the removal.
The appeal judges met the 13 year old child in the face of whose objections a return order had been made under the Hague Convention. The child meeting the judge and mediation should have been mooted below. In light of the child's hardened objections, the return order would be set aside.
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