Two Norwegian children brought to the UK by their British mother must be returned, the Supreme Court has unanimously held.
In Re E (Children) (FC) [2011] UKSC 361, the court considered, for the first time, the proper interpretation of Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Article 13 provides three exceptions to the requirement that a child be returned, including where there is a “grave risk” that the child would be exposed to “physical or psychological harm” or placed in “an intolerable situation”.
The mother argued that this exception applied, alleging that the father was controlling and that she and the children were frightened of him. The court also heard evidence that the mother, who is the children’s primary carer, had a mental disorder which could deteriorate if she returned to Norway.
The father disputed the allegations, although he conceded that he could get angry and had killed family pets. He has given undertakings to vacate the family home and not go within 500 metres of it, and to pay household costs and child support.
Dismissing the mother’s appeal, the court confirmed that the interests of children are a “primary consideration”. It held that an Art 13(1) exception should be interpreted according to its wording and applied without extra interpretation or gloss.
