WT, Re

"The judicial or administrative authority of the requested state is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that -

(a) the person, institution or other body having the care of the person of the child ... had consented to ... the removal; or

(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."

Miss Wylie founded on Article 13(a) and on the objection of the elder child, K.T.. She also indicated that Article 13(b) might be relevant, but only in a secondary manner, as will be explained below. Mr Burr for the petitioner accepted that K.T. was of such an age and maturity that it was appropriate that her views be taken into account. Both counsel proceeded on the basis that the petition could be determined now having regard to the affidavits and the other information lodged in process, along with the submissions of counsel.