28 May 2010
JHD AND CRD V AC-C HC NAP CIV-2010-441-67
- Citation
- openlaw-827d5803_7437_4770_8cb8_21c8056a921b.pdf
- Court
- High Court
The appeal is allowed and the travel term quashed because the Family Court judge erred in disregarding the psychologist's evidence about the child's immaturity and confusion, and in treating a prolonged overseas trip as a necessary step to advance the paternal relationship; the child's clear, voluntary and recent expression that he did not wish to undertake the month-long trip, informed by a trial stay, meant that forcing the travel would be contrary to his best interests.