M., Petitioner 2005 S.L.T. 2 OH

INCADAT legal file Hague parental abduction

Retention wrongful but return refused; the boy was habitually resident in Ireland at the time of the retention, but his objections to a return were sufficiently cogent that the trial judge exercised her discretion not to make a return order.

Re W. (A Child) [2004] EWCA Civ 1366

INCADAT legal file Hague parental abduction

Appeal dismissed; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention, however, the return was subject to extensive and stringent conditions, including the obtaining of a mirror order in the High Court of South Africa.