Undertakings
The Court noted that the return order had been properly made, subject to a series of stringent conditions but the conditions had not been complied with. Moreover there was no reasonable time limit within which there was the least possibility of compliance, therefore the order for return should be set aside.
Objections of the Child to a Return – Art. 13(2)
The child had been interviewed prior to the appeal by a Court specialist and it was evident that she strongly opposed returning to South Africa.
Procedural Matters
On a point of procedure the Court of Appeal affirmed that being subject to such stringent conditions the return order had never been final, therefore, the competent jurisdiction to address the issue of compliance was the High Court.