CASE

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Case Name

RE v RL [2025] EWHC 1176

INCADAT reference

HC/E/UKe 1693

Court

Country

UNITED KINGDOM - ENGLAND AND WALES

Name

High Court of Justice, Family Division

Level

First Instance

Judge(s)

The Honorable Mrs Justice Judd 

States involved

Requesting State

ITALY

Requested State

UNITED KINGDOM - ENGLAND AND WALES

Decision

Date

15 May 2025

Status

Final

Grounds

Grave Risk - Art. 13(1)(b)

Order

Return ordered

HC article(s) Considered

13(1)(b)

HC article(s) Relied Upon

-

Other provisions

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Authorities | Cases referred to

B v B [2014] EWHC 1804; Re IG (Child Abduction: Habitual Residence: Article 13b) [2021] EWCA Civ 1123; Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27; Re IG (Child Abduction: Habitual Residence: Article 13b) [2021] EWCA Civ 1123; Re T (Abduction: Protective Measures: Agreement to Return) [2023] EWCA Civ 1415; G v D (Article 13(b) Absence of Protective Measures [2021] 1 FLR 36

Published in

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SUMMARY

Summary available in EN

Facts

The father was an Italian national and the mother a British national. They met in Italy when the mother was living there and started a relationship. They had a child born in 2024. In February 2025 they came to the UK for a holiday. The mother alleges that the relationship had been deteriorating for some time and that when, during the holiday, the father attempted to buy drugs, it was the last straw. She told the father that her and the child would not be returning to Italy. 

The father returned to Italy alone and almost immediately filed an application under the 1980 Hague Abduction Convention for the return of the child. 

The mother accepts that the retention of the child in the UK was wrong within the meaning of Article 3 but argued that a return to Italy would expose the child to physical or psychological harm, or place him in an intolerable situation. The father did not accept this argument and was prepared to give undertakings.

Ruling

Return ordered. The protective measures were sufficient to ensure that a return to Italy would pose no grave risk to the child, within the meaning of Article 13(1)(b). 

Grounds

Grave Risk - Art. 13(1)(b)

A combination of protective measures and provisions for a soft landing would ensure that there was no grave risk should the child be returned to Italy. Furthermore, the Italian authorities were able to provide any further protection to the mother and child if needed.