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23 March 2012
Issue: 7506 / Categories: Case law , Law reports , In Court
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Children—Abduction—Removal outside jurisdiction

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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

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