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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> PW v. AL [2003] ScotCS 70 (14 March 2003) URL: http://www.bailii.org/scot/cases/ScotCS/2003/70.html Cite as: 2003 SCLR 478, [2003] ScotCS 70 |
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OUTER HOUSE, COURT OF SESSION |
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OPINION OF LORD DRUMMOND YOUNG in Petition of PW Petitioner; against AL or W Respondent:
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Petitioner: Davie; Drummond Miller, W.S.
Respondent: I Wylie; Balfour & Manson
HW: Mundy; Mowat Dean, W.S.
25 February 2003
"Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order of the return of the child if the person, institution or other body which opposes its return establishes that --... (b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation."
"The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views."