The Weekly Law Reports
[2018] 4 WLR 16
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
Children— Custody rights— Breach— Child aged 11 years habitually resident in Italy wrongfully removed by mother to England— Father seeking immediate return of child to Italy— Court not bound to order return if by doing so child would be exposed to risk of physical or psychological harm or placed in intolerable situation— Court also having discretion to refuse to order return in light of child’s objections— Judge holding child would not be at risk if returned to Italy and ordering return despite child’s objections— Whether 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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