AB v CD

AB v CD

The Mother failed to prove that EF faces a grave risk of harm or intolerable situation if returned to Italy. The risk of her imprisonment is low and largely within her control; financial and accommodation concerns are unsubstantiated; and adequate protective measures and undertakings are available to protect both EF and the Mother. Therefore, the Article 13(b) defence is not established and EF must be returned to Italy.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Child Abduction (hague Convention) / Judgment on Application for Summary Return
Outcome
Application granted; order for summary return of child to Italy
Legal Topics
Child Abduction, Hague Convention 1980, Habitual Residence, Protective Measures, Jurisdiction, Article 13(b) Defence
Family Law International Law Child Abduction Hague Convention 1980 Habitual Residence Protective Measures Jurisdiction Article 13(b) Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

AB

Applicant

CD

Respondent

Procedural Posture

Child Abduction (hague Convention) / Judgment on Application for Summary Return

Legal Issues

  1. 1 Whether the child EF should be summarily returned to Italy under the Hague Convention 1980 and Council Regulation (EC) No 2201/2003 (BIIa)
  2. 2 Whether Article 13(b) defence (grave risk of harm/intolerable situation) is established
  3. 3 Whether adequate protective measures are available to secure EF's protection on return

Ratio Decidendi

The Mother failed to prove that EF faces a grave risk of harm or intolerable situation if returned to Italy. The risk of her imprisonment is low and largely within her control; financial and accommodation concerns are unsubstantiated; and adequate protective measures and undertakings are available to protect both EF and the Mother. Therefore, the Article 13(b) defence is not established and EF must be returned to Italy.

Court Disposition

Application granted; order for summary return of child to Italy

Orders

  • EF to be returned forthwith to Italy under Article 12 of the 1980 Hague Convention
  • Return to occur after a 14-day period to allow the Mother to seek protective orders in Italy if desired