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Family Law

The leading authority on all aspects of family law

20 JUL 2012

ABDUCTION:Re C (Abduction: Application to Set Aside Return Order)

(Court of Appeal, Thorpe, Sullivan, McFarlane LJJ, 11 July 2012)

The 15-year-old girl appealed a consent order for her return to Canada with her father after she changed her mind on where she wished to live.

The case was remitted to the Family Division for rehearing. There were issues which needed to be further explored and it would be wrong to deny the father the possibility of a trial process by simply setting aside the return order.

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