header-logo header-logo

Child abduction ruling

16 June 2011
Issue: 7470 / Categories: Legal News
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll