Supreme Court clarifies role of children’s views in Hague Convention cases
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In the Solicitors Journal, Family Partner, Katie O’Callaghan examines a recent Supreme Court ruling that provides important guidance on the role of children's views in international child abduction cases.
Katie explains that the judgment confirms a child’s wishes are relevant when courts are considering whether a return to their home country would expose them to a grave risk of physical or psychological harm or place them in an intolerable situation.
The ruling also highlights the importance of ensuring children’s views are obtained independently and considered alongside wider welfare and risk factors. The court made clear that, although a child’s wishes form an important part of the assessment, they must be weighed against all of the available evidence before a decision is made.
The ruling reinforces the careful balancing exercise required in international child abduction cases. While a child’s views are an important consideration, the Court made clear that they must be weighed alongside wider welfare and risk factors.
The full article was published by the Solicitors Journal in September 2026.
