S (A Child), Re [2012] UKSC 10 (14 March 2012)

The Supreme Court allowed a Mother’s appeal against an order for the return of a child to Australia in a much anticipated Hague Convention matter. The court held that the Court of Appeal should not have substituted its decision for that of Charles J and that the decision as to the level of risk in respect of the article 13(b) defence was one for the Judge at first instance.