Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)
Return ordered
3 13(1)(b) 12(2)
Return ordered. The Social Services of Naples had rights of custody and removal of the child from Italy was wrongful.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters
Appeal dismissed, return ordered
1 child wrongfully removed aged less than one year old - Unmarried parents - Joint custody - Child lived in Greece until May 2010 - Application for return filed in April 2011 - Return ordered - Main issues: Settlement of the child, Art. 13(1)(b) grave risk exception to return, procedural matters - Art. 12(2) of the 1980 Hague Child Abduction Convention only applies where return proceedings have been commenced after a period of more than one year has elapsed since the date of the wrongful removal
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters