Court of Appeal
In re
P (A Child) (Abduction: Consideration of Evidence)
[2017] EWCA Civ 1677
2017 Sept 5; Oct 30
King, Lindblom, Henderson LJJ
ChildrenCustody rightsBreachChild aged 11 years habitually resident in Italy wrongfully removed by mother to EnglandFather seeking immediate return of child to ItalyCourt not bound to order return if by doing so child would be exposed to risk of physical or psychological harm or placed in intolerable situationCourt also having discretion to refuse to order return in light of child’s objectionsJudge holding child would not be at risk if returned to Italy and ordering return despite child’s objectionsWhether judge erring in approach to assessment of risk and exercise of discretion Child Abduction and Custody Act 1985 (c 60), Sch 1, art 13(b)
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