JERSEY Law and Practice Contributed by: Lauren Glynn, Victoria Cure and Tara Lee, Carey Olsen
elsewhere, it must be relevant whether that issue is capable of being tried in the courts of the country to which he is to be returned”; and • “the effect of the decision upon the child’s primary carer must also be relevant, although again not decisive.” The identity of the country to which the child is to be returned may affect the outcome of an application. If the country in question does not determine issues in respect of children by reference to welfare – ie, what is in the child’s best interests, and/or there is serious and genuine uncertainty as to the competence of the court in the other country and/or to uphold interna - tional human rights principles, then the application is unlikely to be successful.
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