Barnes & Partners Solicitors

In the case the mother was seeking an order to remove the child from the jurisdiction of England & Wales to the child's country of birth. In deciding in favour of the father the court focused on whether the child's objections to a return were made out; whether the age and the maturity of the child was such that it is appropriate for the court to take account of the objections; and whether the court should exercise its discretion in favour of a retention or return.

In deciding the strengths and the validity of the child's views, the court should examine the child's perception of the short, medium and long term interests; how far the objections are grounded in reality; how far they have been influenced directly or indirectly by the abducting parent; and how far the objections would be mollified or removed by the influence of the abducting parent.