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Ex tempore judgment of Ms. Justice Finlay Geoghegan delivered on the 12th day of December, 2007
This is a�motion of the 20th November�2007 seeking an order setting aside an order made by the High Court on the 13th December�2006 for the return of the child to Latvia.
The order for return was made on an ex parte basis. The respondent did not appear and the court was satisfied at the time that the respondent had been properly served with the proceedings.
Counsel for the respondent makes this application pursuant to the inherent jurisdiction of the court by reason of the failure of the court to comply with the mandatory obligation under article 11 (2) of Council Regulation (EC)2201 of 2003 to which I will simply refer to as "the Regulation".
Article 11 (2) of the Regulation provides that when applying articles 12 and 13 of 1980 Hague Convention it shall be insured that the child is given the opportunity to be heard during the proceedings unless this appears inappropriate having regard to his or her age or degree of maturity.
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