Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused based on the objections of the older child and a grave risk of harm to the younger children should they be returned.

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

Return ordered

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). 

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

Return refused

Return refused. Given the mother's vulnerable situation, a return to Spain would risk exposing the child to physical or psychological harm, or otherwise place her in an intolerable situation.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Case remitted to lower court

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

Appeal dismissed, return ordered

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Guidance on the application of the Convention issued

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child | Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The Social Services of Naples had rights of custody and removal of the child from Italy was wrongful. 

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused. The Father failed to established that he had rights of custody. Should this finding be wrong the Mother and Guardian established that the children objected to return within the meaning of the Article 13 exception and the Court would exercise their discretion not to order a return. 

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

Return ordered

The Court held that the mother had not made out the Article 13(1)(b) exception and ordered the return of the children.