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CASE

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Case Name

Decision of 12/09/2001, Juvenile Court, Palermo, Case No.81/2001 Civ. Reg. Gen.

INCADAT reference

HC/E/IT 456

Court

Country

ITALY

Name

Juvenile Court, Palermo

Level

First Instance

States involved

Requesting State

BELGIUM

Requested State

ITALY

Decision

Date

12 September 2001

Status

Unknown

Grounds

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

Order

Return ordered

HC article(s) Considered

-

HC article(s) Relied Upon

-

Other provisions
Art. 7 of the Act n. 64/94 ratifying the 1980 Hague Child Abduction Convention
Authorities | Cases referred to

-

Published in
http://www.hcch.net/incadat/fullcase/0456.htm

INCADAT comment

Exceptions to Return

General Issues
Limited Nature of the Exceptions

SUMMARY

Summary available in EN | FR | ES

Facts

The children, a boy born in 1985 and a boy born in 1995, had their habitual residence in Belgium. Under an order made by a Liège Court on 13 September 2000 their mother had sole custody.

In December 2000, whilst exercising a period of overnight access the father took the boys to Italy. The mother petitioned for the return of the children.

Ruling

Return ordered; the removal was wrongful as the mother alone had custody rights in respect of the children.

Grounds

Removal and Retention - Arts 3 and 12

The Juvenile Court in Palermo noted that both children had their habitual residence in Belgium and were in their mother’s sole custody at the time of the removal. The father argued that the mother behaved carelessly and immorally but provided no reliable evidence to this effect. The Juvenile Court held that had the father wanted to protect his children from the mother’s allegedly immoral behaviour he should have applied to the relevant Belgian Court. The children were ordered to be returned forthwith.

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


The father argued that the mother behaved carelessly and immorally but provided no reliable evidence to this effect.

The Juvenile Court held that had the father wanted to protect his children from the mother's allegedly immoral behaviour he should have applied to the relevant Belgian Court. The children were ordered to be returned forthwith.

INCADAT comment

Limited Nature of the Exceptions

Preparation of INCADAT case law analysis in progress.