L v Ad Hoc Central Authority for Republic of South Africa and Others (1143/2021) [2021] ZASCA 107 (3 August 2021)

Flynote

International Child Abduction – Hague Convention on Civil Aspects of International Child Abduction (1980) – application for leave to appeal referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – applicability of Article 13(b) defence of the Convention– burden of proof on person resisting return to show that the return of the minor children to their habitual residence would expose them to grave risk of physical or psychological harm or otherwise place them in an intolerable situation – whether reasonable prospects of success – application for leave to appeal dismissed


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