Supreme Administrative Court (Regeringsr??tten), decision of 21 January 2002, Case number 7373-2001

INCADAT legal file Hague parental abduction

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The child, a boy, was 12 years of age at the time of the alleged wrongful retention. He had lived in England with his mother since the age of three. The mother had rights of custody, the father rights of access. In October 2001 mother and child went to Sweden for a short visit to enable the mother to visit her parents. During this time the mother let the child stay with his father.
On October 25 the father informed the mother that the boy wanted to remain with him and that he would not be returned. The mother then initiated return proceedings in the County Court of Stockholm (L??nsr??tten i Stockholms l??n). On 2 November 2001 the Court refused to order the return of the child on the basis of his objections.
The mother appealed to the Administrative Court of Appeals in Stockholm.
On 20 November 2001 the Administrative Court of Appeals ordered the return of the child to England. It ruled that the child’s objections were not sufficiently well founded or independent. The father appealed to the Supreme Administrative Court of Sweden. The latter ordered that pending the appeal the child stay with the father.