14 Jun 2006
W V N HC CHCH CIV 2006 409 683
- Citation
- openlaw-b6cfd10a_e541_4267_bdce_11e49dc623eb.pdf
- Court
- High Court
The court held that consideration of a child's objection under s106(1)(d) requires (1) determining the objection, (2) assessing whether the child is of sufficient age and maturity to give weight to views, (3) deciding what weight to give those views, and (4) exercising the residual statutory discretion balancing that weight against the Convention's presumption of return; the High Court rejected a rigid presumption that a sufficiently mature child's objection automatically prevents return, found the Family Court was entitled to give the child's views only modest weight on the evidence, and uph…