C v N

Parent and child – International child abduction. Court of Session: Allowing a reclaiming motion against the Lord Ordinary's decision ordering a mother to return her two sons, aged 9 and 6, to Italy, she having removed them from Italy to Poland without telling their father, and from there to Scotland, the court held that the Lord Ordinary had not followed the authoritative guidance laid down in Re M (children) (abduction), had taken account of irrelevant factors and had not weighed in the balance relevant factors pointing towards non-return; and the court could identify no particular features of the case which would justify, in the exercise of its own discretion, ordering the return of the children to Italy.

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