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
13(1)(b) 13(2)
Return refused
13(1)(b)
Return refused. There was a grave risk that returning the child to Italy would expose her to physical or psychological harm or otherwise place her in an intolerable position for the purposes of Article 13(1)(b). This risk could not be adequately and effectively mitigated by protective measures.
Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
Return ordered
Return ordered. Whilst the child objected to the return and was of an age and degree of maturity at which it was appropriate to take her views into account, the Court exercised its discretion to order a return.