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Court directs the return of two children to Sweden

By: Katie Mai McCarthy BL

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High Court directs the return of two children to Sweden - their country of habitual residence, on the grounds, inter alia, that there was insufficient evidence to establish a grave risk to the children or to conclude that they will be in an intolerable situation should they be returned. 

Family law - family law dispute - Hague Convention - child protection - abduction - application by father for the return of his two children - habitual residence not in dispute - defence of grave risk - the views of the children - older child expressed unhappiness in respect of her school - self harm - continuing care best addressed in child's home country - Respondent did not establish that children will be at grave risk if returned - child's objection does not counterbalance the factors in favour of her return - in best interests of the children to return to Sweden.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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