G v L (Return Order)

G v L (Return Order)

Neither the grave harm exception under Article 13(b) nor the child objection exception under Article 13 is established; protective measures offered by the mother and involvement of Italian social services are sufficient to address any risk, and D’s objections are not to Italy per se and he lacks the maturity required for his views to be determinative. The court exercises its discretion in favour of summary return to Italy.

Parties
Applicant: G; Respondent: L
Jurisdiction
England and Wales
Judgment Date
01 July 2026
Procedural Posture
Family / Judgment
Outcome
Summary return order granted; D to return to Italy.
Legal Topics
Hague Convention, Child Return Order, Child Objections, Grave Risk Exception, Protective Measures
Family Law International Child Abduction Hague Convention Child Return Order Child Objections Grave Risk Exception Protective Measures

Case Brief

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Parties

G

Applicant

L

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the exceptions to return under Article 13(b) and Article 13 of the 1980 Hague Convention are established to prevent the summary return of D to Italy
  2. 2 Whether protective measures are sufficient to address any grave risk of harm to D upon return
  3. 3 Whether D objects to return and has attained an age and degree of maturity at which it is appropriate to take account of his views

Ratio Decidendi

Neither the grave harm exception under Article 13(b) nor the child objection exception under Article 13 is established; protective measures offered by the mother and involvement of Italian social services are sufficient to address any risk, and D’s objections are not to Italy per se and he lacks the maturity required for his views to be determinative. The court exercises its discretion in favour of summary return to Italy.

Court Disposition

Summary return order granted; D to return to Italy.

Orders

  • D to be returned to Italy within 21 days of the hearing, no later than 7 January 2026.
  • Protective measures to be implemented: Mr O to leave the family home or D to reside with maternal grandmother pending risk assessment by Italian social services.