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.

Consent - Art. 13(1)(a) | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered. There was no evidence that the father consented or acquiesced to the children remaining in the US. The father filed his petition for the return of the children within one year and, even if more than a year had elapsed, the children were not settled in the US for the purposes of Article 12(2).

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The father had rights of custody and there was no ‘grave risk’ within the meaning of Article 13(1)(b).

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

Return refused

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

Return ordered

Return ordered. The father's allegations were not so severe as to constitute a grave risk of harm within the meaning of Article 13(1)(b) and the elder child was not sufficiently mature to take her objections into account. 

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

Return ordered

Return ordered. Though there was a risk of harm to the child within the meaning of Article 13(1)(b), this risk could be sufficiently managed by protective measures. Furthermore, the child did not object to returning to Italy per se and that he had not attained a degree of maturity at which it is appropriate to take account of his views. 

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Issues Relating to Return

Return refused

Return refused. The father did not have rights of custody within the meaning of Article 3. 

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

Return ordered

Return ordered. No grave risk of harm was established and even if there had been one, protective measures were sufficient to ameliorate the risk. Though the child objected, discretion should be exercised so as to override this objection.