Children—Abduction—Removal outside jurisdiction

23 March 2012

Issue: 7506 / Categories: Case law , Law reports , In Court

Re S (a child) (international abduction: subjective fear of risk) [2012] UKSC 10, [2012] All ER (D) 106 (Mar)

Supreme Court, Lord Phillips P, Lady Hale, Lord Mance, Lord Kerr and Lord Wilson SCJJ, 14 Mar 2012

In considering a defence under the Hague Convention (the Convention) on the Civil Aspects of International Child Abduction 1980 Art 13(b), if the court concludes that, on return to the place of habitual residence, the mother will suffer such anxieties that their effect on her mental health will create a situation that is intolerable for the child, then the child should not be returned.

James Turner QC and Geraldine More O’Ferrall (instructed by Rosleys Solicitors) for the mother. Anthony Kirk QC and Nicholas Anderson (instructed by Lyons Davidson) for the father. Henry Setright QC and Edward Devereux (instructed by Dawson Cornwell) for the intervener.

The appellant mother was British with Australian citizenship. The respondent father was Australian. W was the two-year-old son of the parties. The mother and father lived with W in Sydney

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Children—Abduction—Removal outside jurisdiction

Re S (a child) (international abduction: subjective fear of risk) [2012] UKSC 10, [2012] All ER (D) 106 (Mar)

Supreme Court, Lord Phillips P, Lady Hale, Lord Mance, Lord Kerr and Lord Wilson SCJJ, 14 Mar 2012

The appellant mother was British with Australian citizenship. The respondent father was Australian. W was the two-year-old son of the parties. The mother and father lived with W in Sydney

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Taylor Rose—nine promotions

Leadership strengthened across core practice areas with nine new partners

Fieldfisher—Rebecca Maxwell

Real estate team welcomes partner inBirmingham

Ward Hadaway—14 trainee solicitors

Firm strengthens commitment to nurturing future legal talent

NEWS

Read All

NLJ this week: AI, liberty & the digital cage

Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ

NLJ this week: Leasehold reform in limbo

Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ

NLJ this week: Enforcement reform gets real

Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors

NLJ this week: Standish reshapes family & inheritance claims

Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975

NLJ this week: Clearing Christine Keeler’s name

In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'

Error message

Children—Abduction—Removal outside jurisdiction

MOVERS & SHAKERS

Taylor Rose—nine promotions

Fieldfisher—Rebecca Maxwell

Ward Hadaway—14 trainee solicitors