ABSTRACT

S v S (Child Abduction) (Child’s Views) (1992) CA H, W, and their child, C, lived in France. C had psychological difficulties which were thought to stem from her not being taught in English, her mother tongue. The marriage began to break down and W removed C to England although H and W had made an agreement that the place of habitual residence would be France and that H would have access. In her evidence, W said that she feared the possibility that H might be violent. The psychological problems of C were mentioned, but as a matter of secondary importance only. H made application for the return of C to France. W agreed that her taking C to England was unlawful and argued that there was a real risk of harm being caused to C if she were to return to France and that C objected to returning. W contended that C was sufficiently mature for her expression of views to be taken into account. The court welfare officer was asked by the judge to ascertain C’s views and wishes. The judge refused to make the order for which H had asked. H appealed.