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Judgment: In brief: An unusual judgment in Hague Convention proceedings where the mother (“M”) was making out two defences – harm and children’s objections – to prevent their return to New York. There was evidence that the older child did object to returning and that there would be considerable financial uncertainty for M and the children if they were forced to return (although the father (“F”) somewhat surprisingly came up with a $15,000 fund for M). A further difficulty was whether M would be permitted to enter the US. As a British citizen from Somalia, she was previously living in the US on a spousal visa but that was conditional on the spouses living together. Her application for a Green Card had been successful but she had yet to receive it. The children were American citizens; there was a risk that they would be allowed to enter the US but that M, who they had always lived with, would not. The proceedings were adjourned to allow M to establish whether or not she had “a copper-bottomed permission to enter and remain for an appreciable period of time in America”.

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