S (A Child) (Habitual Residence and Child's Objections)(Brazil)

Facts

The child, G, was born in June 2002 and was 12 at the time of the appeal. Her mother (M) is Brazilian and her father (F) British; the family lived in England, where G and her younger brother J were brought up. The parents' marriage ended in 2011 and F left the matrimonial home in May 2012. In January 2013 M applied for permission to relocate permanently to Brazil with the children; an independent social worker reported, F ultimately agreed, and an order was made by consent in mid June 2013. M and the children moved to Brazil on 1 August 2013, taking very little with them, and the children started at a fee-paying school. Financial matters remained in dispute until July 2014, and G became caught up in them, writing an email to F on 22 March 2014 complaining about money but describing herself as "super happy" at her school. After a holiday in France in July 2014, G told F and then M that she did not want to return to Brazil. J returned with M; G remained. M began Hague proceedings on 30 July 2014. Hogg J held that G had remained habitually resident in England, so there was no wrongful retention, and indicated that in any event she would not have exercised her discretion to order a return, given G's objections. M appealed.