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UK Supreme Court Rules Against Child's Return Over Psychological Harm Risk
30 Oct
Summary
- Mother argued return posed grave psychological harm risk to children.
- Child's expressed wish to return to Florida was considered by the court.
- Supreme Court affirmed refusal to return child to the US due to mother's mental health.
In a significant ruling on September 9, 2026, the UK Supreme Court denied a father's request to return his children to Florida. The case involved a family holiday to Scotland in July 2025, after which the mother decided to stay with their two children. The father invoked the Hague Convention, seeking the children's return, but the mother opposed this, citing a grave risk of psychological harm.
The court considered evidence of the mother's mental health struggles, including a history of depression and a suicide attempt in September 2025. A clinical psychologist's report further detailed potential harm to the children if their mother's condition worsened. The Supreme Court acknowledged the older son's desire to return to Florida for his education but concluded that his wishes did not outweigh the established risk of serious psychological harm.
This decision affirmed a February 2026 ruling by the Inner House of the Court of Session, which had already refused the child's return. The Supreme Court clarified that while a child's views are relevant to the Article 13(b) defense under the Hague Convention, they do not negate the assessment of potential harm. The younger son, B, had previously had his return to Florida refused by a lower court, with no appeal made to the Supreme Court.
