・In a case where the ground of refusal to return is based on the objection of the child, a probation officer from the family court will conduct an investigation.
Based on the results of investigation,
・Recognition of the child’s current situation
・The details of the child’s opinion about returning to his/her country of habitual residence
・Reasons, etc. why the child has come to hold this opinion
A decision will be made concerning:
・Whether the child is of an appropriate age and degree of maturity for the child’s opinion to be taken into account; and
・Whether the child’s objection to being returned to his/her habitual residence can be considered an objection.
The number of court decisions concluding that it is appropriate to consider the opinion of the child when the child is ten years or older is said to be relatively high.