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Mr Edward Devereux (instructed by Dawson Cornwall) for the Applicant Ms Claire Renton (instructed by Just Family Law) for the Respondent Hearing dates: 25th February 2014 ____________________
(1) Any court which is determining any question with respect to the upbringing of a child has a statutory duty to regard the welfare of the child as its paramount consideration. In non convention cases the court must act in accordance with the welfare needs of the particular child.
(2) There is no basis for the principles of the Hague Convention being extended to countries which are not parties to that convention.
(3) A power did remain in accordance with the welfare principle to order the immediate return of a child to a foreign jurisdiction without conducting a full investigation of the merits.
(4) A trial judge had to make a choice, having regard to the welfare principle, between a summary return or a more detailed consideration of the merits of the parties' dispute.
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