The Uk Supreme Court is hearing the case of Re S today (20th February 2012) The case concerns the approach that ought to be taken to the assessment of the evidence in cases where the Respondent relies on the Article 13b exception, particularly where the abductor relies on the impact on themself of a return. The High Court and the Court of Appeal both refer to guidance on the Article 13(b) exception given by the Supreme Court in Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27; [2012] 1 A.C. 144, including as to the potential relevance of protective measures. The main questions before the Supreme Court are (i) as to whether, and if so in what circumstances, the Article 13(b) exception can be established on the basis of the subjective perceptions of the abducting parent; and (ii) the circumstances in which an appellate court is entitled to interfere with an assessment made by the judge at first instance.
If it is televised find it on http://news.sky.com/home/supreme-court
Case information at http://www.supremecourt.gov.uk/current-cases/CCCaseDetails/case_2011_0265.html
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