RE v RL

RE v RL

The Article 13b defence is not made out because the father's undertakings and available protective measures ensure the child will not face a grave risk of harm or intolerable situation upon return to Italy; the mother's concerns do not reach the required threshold.

Parties
Applicant: RE; Respondent: RL
Jurisdiction
England and Wales
Judgment Date
06 October 2025
Procedural Posture
Child Abduction (hague Convention) / Judgment After Contested Application for Summary Return
Outcome
Application for summary return granted
Legal Topics
Child Abduction, Hague Convention 1980, Summary Return, Protective Measures, Article 13b Defence
Family Law International Law Child Abduction Hague Convention 1980 Summary Return Protective Measures Article 13b Defence

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Parties

RE

Applicant

RL

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the summary return of the child to Italy should be ordered under the 1980 Hague Convention
  2. 2 Whether the Article 13b defence (grave risk of harm or intolerable situation) is established

Ratio Decidendi

The Article 13b defence is not made out because the father's undertakings and available protective measures ensure the child will not face a grave risk of harm or intolerable situation upon return to Italy; the mother's concerns do not reach the required threshold.

Court Disposition

Application for summary return granted

Orders

  • The child R is to be returned to Italy within two weeks.
  • The father is to provide undertakings for accommodation, maintenance of 700 euros per month, payment of visa and travel costs, and non-interference until the Italian courts make further orders.