Re W (children) (child abduction: intolerable situation)

Minor – Removal outside jurisdiction. The judge's order for the return of two children to the United States without the mother, if she could not obtain a visa, could not stand. The Court of Appeal, Civil Division, held that, if the judge had analysed all the circumstances from the children's perspective, she would have concluded that the children's return to the US, when the mother had been refused a visa, would be to place them in an intolerable situation, under art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980.

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