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6 members of 4PB involved in UK Supreme Court case of In the Petition of DM [2026] UKSC 32
The Supreme Court has handed down judgment in the case of In the Petition of DM [2026] UKSC 32, an appeal concerning Scottish proceedings under the Hague Convention 1980. An important decision considering the interplay between the voice of the child and the Article 13(b) grave risk of harm/intolerability defence in 1980 Hague Convention proceedings.
6 members of 4PB appeared in the matter:
Charles Hale KC, Charlotte Baker and Olivia Gaunt (instructed by Hunters LLP) appeared on behalf of the Intervener, International Centre for Family Law, Policy and Practice
Jacqueline Renton KC, Harry Langford and Frankie Shama (instructed by Burges Salmon LLP) appeared on behalf of the intervener, International Academy of Family Lawyers
The Supreme Court held, in a unanimous decision, that the views of a child can be taken into account in assessing whether the Article 13(b) defence is made out. The opportunity to be heard is not to be confused with giving effect to the child’s views. A child’s views will of course not be determinative, and it is for the court to determine what, if any, weight to attach to them. Central to that decision will be the extent to which the child’s views are authentically their own or whether they are a result of manipulation.
The appeal was ultimately dismissed (but for reasons different to those given by the Inner House), and the order refusing to return the subject child to the USA affirmed.
To read the full judgment click here.
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