Buscador de jurisprudencia

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.

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)

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.