1980 Hague Convention - Relevance of child's perspective on habitual residence - exercise of discretion

Re L-C. Court of Appeal 15.8.2013.(Hallett, Black and Gloster LJJ The Court of Appeal concluded that (a) a child's own views on their integration into a country and environment could be relevant to the assessment of whether they were habitually resident there. In this case the judge had considered and given adequate weight to them. His decision that the children were habitually resident in Spain was right. (b) in considering the discretion the fact that the child had lived all her life bar 5 months in England was relevant to the weight that should be given to policy considerations. The judge was wrong in the exercise of his discretion to have given such weight to policy considerations in comparison to the child's objection and the welfare considerations supporting a non-return. (c) the case in respect of the 3 younger children were remitted for further consideration of the Article 13b issues related to separation of the sibling group.