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Children’s best interests prevail over swift return in international abduction case
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Court of Appeal, diverging from the High Court's decision, rules against the immediate return of children to Sweden under the Hague Convention, placing significant weight on the eldest child's strong objections and the potential harm of disregarding her expressed wishes. The Court emphasised the importance of considering the children's best interests and the potential impact on their well-being, despite the Convention's aim to deter child abduction and ensure prompt returns. The original decision of the High Court to return the children was set aside, with the Court of Appeal opting to allow the children to remain in Ireland until a full custody and welfare assessment is conducted by the Swedish court.
Hague Convention - child abduction - Court of Appeal - High Court - children's objections - best interests of the child - discretion - Article 13 - grave risk defense - policy of deterring abduction - habitual residence - assessor's report - parental conflict - Article 29 of the recast Regulation - custody and welfare assessment - legal certainty - stability - international family law.
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