29 Aug 2006
W V N CA CA132/06
- Citation
- openlaw-eaf8de9a_ec9d_4954_bdae_f573ea2c882e.pdf
- Court
- Court of Appeal
The Court of Appeal adopts the Balcombe 'shades of grey' approach: where a child objects and is of sufficient age and maturity the court must assess what weight to give those views and then exercise a residual statutory discretion which gives significant weight to the Hague Convention's policy favouring return; the Care of Children Act does not displace that statutory framework and general welfare considerations are only relevant in a limited, pragmatic way (eg interim practicalities); on the facts the residual discretion was correctly exercised and the child must be returned to England.