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16 June 2011
Issue: 7470 / Categories: Legal News
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Child abduction ruling

Two Norwegian children brought to the UK by their British mother must be returned, the Supreme Court has unanimously held.

In Re E (Children) (FC) [2011] UKSC 361, the court considered, for the first time, the proper interpretation of Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980.

Article 13 provides three exceptions to the requirement that a child be returned, including where there is a “grave risk” that the child would be exposed to “physical or psychological harm” or placed in “an intolerable situation”.

The mother argued that this exception applied, alleging that the father was controlling and that she and the children were frightened of him. The court also heard evidence that the mother, who is the children’s primary carer, had a mental disorder which could deteriorate if she returned to Norway.

The father disputed the allegations, although he conceded that he could get angry and had killed family pets. He has given undertakings to vacate the family home and not go within 500 metres of it, and to pay household costs and child support.

Dismissing the mother’s appeal, the court confirmed that the interests of children are a “primary consideration”. It held that an Art 13(1) exception should be interpreted according to its wording and applied without extra interpretation or gloss.

Issue: 7470 / Categories: Legal News
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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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