Re E (Children) (FC)

In this case, the Supreme Court considered the interpretation and application of Article 13b of the Hague Convention on the Civil Aspects of International Child Abduction in the context of an appeal concerning two young children, Livi and Milly, who were taken from Norway to the UK by their mother. The father sought the return of the children under the Hague Convention, while the mother argued that their return would expose them to a grave risk of harm under Article 13b. The Court of Appeal had already dismissed the mother’s appeal, but the Supreme Court granted permission to appeal for the reasons outlined in the Court of Appeal’s judgment. The mother argued that the best interests of the child should be a primary consideration in the interpretation and application of Article 13b, while the father contended that the exceptions to the obligation to return a child under the Hague Convention should be narrowly construed. The court concluded that the Hague Convention, the UNCRC, and the ECHR all share the objective of serving the best interests of children as a primary consideration, and that the exceptions to the obligation to return a child under the Hague Convention do not require any additional interpretation or gloss. The court held that the trial judge had correctly applied the Hague Convention and found that there was no grave risk of harm to the children if they were returned to Norway, as the father had made several undertakings to protect the mother and children and the court was satisfied that the protective measures recommended by a psychiatrist would be put in place in Norway.

The Supreme Court found that the appeal should be dismissed, as the trial judge had correctly applied the Hague Convention and found that the children's best interests would be served by their return to Norway. The court emphasized that the Hague Convention is designed for the benefit of children, and its objective is to deter people from wrongfully abducting children, serve the best interests of the children who have been abducted, and strike a fair balance between the interests of the child and the parents. The court also noted that while the best interests of the child are not expressly made a primary consideration in Hague Convention proceedings, they are at the forefront of the whole exercise. The court agreed with the Strasbourg court that in this connection the best interests of the child have two aspects: to be reunited with their parents as soon as possible, so that one does not gain an unfair advantage over the other through the passage of time; and to be brought up in a "sound environment," in which they are not at risk of harm.