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Family Law

The leading authority on all aspects of family law

23 JUN 2005

ABDUCTION: Z v Z (Abduction: Children's Views) [2005] EWCA Civ 1012

(Court of Appeal; Thorpe, Wall and Neuberger LJJ, 23 June 2005) [2006] 1 FLR 410

The Court of Appeal held that the views of Balcombe LJ in Re R (Child Abduction: Acquiescence) [1995] 1 FLR 716 and S v S (Child Abduction) (Childs Views) [1992] 2 FLR 492 were to be preferred over the views of Millet J in Re R. In exercising discretion under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention") Art 13, the court must balance the nature and strength of the child's objections against the Hague Convention and general welfare considerations. The importance given to the child's objections will depend on his age and maturity whereas the policy of the Hague Convention and its faithful implementation should always be a very weighty factor in deciding whether to order a child's return. The court ordered for the children aged 13 and 10 to be returned to Canada despite their objections. See September [2005] Fam Law 691 for a case report of the High Court's decision.

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