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Hayley Trim's Analyses: Headlines – Re S and A v B and C

Date:15 MAR 2012

Hayley Trim  Family Law PSLThere have been two really interesting judgments in the last couple of days just as I go off on holiday. Typical.  Still since I don't have time to provide in-depth analysis the headlines are these:

Re S (A Child) [2012] UKSC 10

The Supreme Court reversed the Court of Appeal and reinstated the first instance judgment of Charles J where he had declined to order a return of the child under the Hague Convention.

Having wrongfully removed the child from Australia to England the mother had raised an Art 13(b) defence on the grounds that the father had subjected her to domestic abuse and had drug and alcohol addictions. The Court of Appeal took the view that the mother's anxieties were the result of her subjective perceptions and that these were not reasonably held. It was they said a paradigm case for a...

Read the full article here.