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International Family Law

The leading authority on international family law

25 MAY 2012

In the Matter of S (A Child) [2012] UKSC 10, or 'Keep off the Gloss': Re E and Article 13(b) revisited

Mark Kosmin-Barr


On 14 March 2012, the Supreme Court handed down its judgment in S (A Child), reversing the Court of Appeal's order that the mother immediately return the two year old child (W) to Australia. In doing so, the Supreme Court gave further consideration to Article 13(b) of the 1980 Hague Convention and its decision in Re E.

Having dealt with Article 13(b) only nine months before, the Supreme Court were clearly surprised in S (a Child) to be dealing with essentially the same issues again so soon and robustly criticised the Court of Appeal's judgment for (amongst other things) failing to apply Re E correctly and for applying a fresh gloss on the meaning of Article 13(b).


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