Re K (A Child) (1980 Hague Convention) (Lithuania)

Minor – Abduction. A judge had ordered the return of a child, against her wishes, to Lithuania, finding that art 13b of the Hague Convention on the Civil Aspects of International Child Abduction 1980 did not, in the circumstances, operate to prevent such return. The Court of Appeal, Civil Division, dismissed the mother's appeal. She had been entitled to treat the CAFCASS officer's evidence with caution and it had been correct for her to have considered the influence exerted by the mother and half-siblings on the child's views where that had not led to her having left those views completely out of account. Finally, it had been for the mother to have substantiated the exception under art 13b and she had failed to do so.

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