UK Supreme Court hears Re S today.

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

Supreme Court grant permission to appeal in abduction case.

The UK Supreme Court has granted permission to appeal in a case involving the grave risk of harm defence under Article 13b of the 1980 Hague Convention. The main point in the appeal involves a challenge to the way the Court of Appeal approached the question of harm to a child arising out of the likely impact on a mother's mental health where the impact would be caused not by an objective risk to the mother and child but because of her subjective fear of risk. In Re E (UKSC May 2011) the court appeared to approve of the proposition that the source of the harm was irrelevant if in fact it was likely to cause harm to the child but the Court of Appeal judgment suggests that the risk of harm must be objectively a real one. James Turner QC and Geraldine More O'Farrell instructed by Rosleys are for the Appellant and Nic Anderson instructed by Philippa Morgan at Lyons Davidson for the Respondent.
The hearing is listed for 20th February 2012.