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Supreme Court rules child’s views can be taken into account in Hague defence

The Supreme Court has unanimously held that a child’s views can be taken into account when assessing whether the Article 13(b) defence under the Hague Convention is made out in international child abduction proceedings. In In the Petition of DM [2026] UKSC 32, the court found that Scotland’s Inner House had been wrong to exclude the 14-year-old’s views from its assessment

The sign on the front of the Supreme Court

Supreme Court rules child’s views can be taken into account in Hague defence

The Supreme Court has unanimously held that a child’s views can be taken into account when assessing whether the Article 13(b) defence under the Hague Convention is made out in international child abduction proceedings. In In the Petition of DM [2026] UKSC 32, the court found that Scotland’s Inner House had been wrong to exclude the 14-year-old’s views from its assessment

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