Q and R (Children) (Abduction: Article 13(b)), Re

Q and R (Children) (Abduction: Article 13(b)), Re

The application for summary return is dismissed because the mother and Q have established the Article 13(b) grave risk exception due to a history of serious domestic and sexual violence, inadequacy and unreliability of proposed protective measures, and the authentic, strongly held objections of both children to return. The protective measures offered by the father are insufficient and not credible, and the children's objections are genuine and must be respected.

Parties
Applicant: KN; First Respondent: SB; Second Respondent: Q (by her Solicitor Guardian, Laura Coyle)
Jurisdiction
England and Wales
Judgment Date
21 November 2025
Procedural Posture
Child Abduction (hague Convention) Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Child Abduction, Hague Convention 1980, Article 13(b) Grave Risk Exception, Child Objections Exception, Protective Measures, Domestic Violence, Habitual Residence
Family Law International Law Child Abduction Hague Convention 1980 Article 13(b) Grave Risk Exception Child Objections Exception Protective Measures Domestic Violence +1 more

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Parties

KN

Applicant

SB

First Respondent

Q (by her Solicitor Guardian, Laura Coyle)

Second Respondent

Procedural Posture

Child Abduction (hague Convention) Application / Final Judgment

Legal Issues

  1. 1 Whether the summary return of the children to Italy should be ordered under the 1980 Hague Convention
  2. 2 Whether Article 13(b) grave risk exception is established
  3. 3 Whether the child objections exception applies

Ratio Decidendi

The application for summary return is dismissed because the mother and Q have established the Article 13(b) grave risk exception due to a history of serious domestic and sexual violence, inadequacy and unreliability of proposed protective measures, and the authentic, strongly held objections of both children to return. The protective measures offered by the father are insufficient and not credible, and the children's objections are genuine and must be respected.

Court Disposition

Application dismissed

Orders

  • No order for return of the children to Italy
  • Judgment to be translated for the benefit of the parents and Italian authorities