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April 16, 2007

Scotland Orders Return of Teenager to Australia for Custody Decision

Posted by Filed under Child Custody or Parental Responsibility, Hague Convention Kidnapping International Child Custody.

A Scottish court has ordered the return of a teenaged girl to Australian under the Hague Convention on the Civil Aspects of International Child Abduction.

The Court dismissed the child’s history of repetitive vomiting and stomach pains based on its finding that the girl’s habitual residence had been Australia.

This although the court concluded that an Australian court would likely extend considerable deference to the girl’s preference to live with her mother in Scotland.

The court concluded that the mother’s presence in Australia should reassure the girl while she was awaiting a custody decision there.

Read more in this BBC News article: Abduction law decides girl’s fate.

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