Thorpe LJ, Kitchin LJ, Sir David Keene) 23/07/2013The Court of Appeal refused the father's appeal against the refusal of his application for the return of the children to Norway.
Although the judge had referred to Re W and a 'comparatively low threshold requirement' she had not misdirected herself when considering the totality of her directions on the law.
In considering a young child in respect of whom an objections defence could not be made out the judge was entitled to look at the older children and exercise her discretion in respect of them and then turn to the youngest and to find an Art 13(b) defence based on separation from her siblings.
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