A (A Child), Re

A (A Child), Re

The removal of A from Italy was wrongful under Article 3 of the Hague Convention as the mother held and was actually exercising rights of custody. The child objects to return and has attained sufficient maturity, but his objections are substantially influenced by the father. The policy of the Convention and welfare considerations, including the need for decisions to be made by the Italian courts and the importance of repairing A's relationship with his mother, outweigh the objections. The court exercises discretion to order return forthwith, with implementation during the English half-term week.

Parties
Applicant: RI; Respondent: FA
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Child Abduction Under the 1980 Hague Convention / Final Hearing
Outcome
Return order granted
Legal Topics
Child Abduction, Rights of Custody, Hague Convention, Child Objections, Summary Return
Family Law International Law Child Abduction Rights of Custody Hague Convention Child Objections Summary Return

Case Brief

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Parties

RI

Applicant

FA

Respondent

Procedural Posture

Child Abduction Under the 1980 Hague Convention / Final Hearing

Legal Issues

  1. 1 Whether the removal of A from Italy to England was wrongful under Article 3 of the 1980 Hague Convention
  2. 2 Whether the mother was actually exercising rights of custody at the time of removal
  3. 3 Whether the child objects to return and has attained an age and degree of maturity for his views to be considered

Ratio Decidendi

The removal of A from Italy was wrongful under Article 3 of the Hague Convention as the mother held and was actually exercising rights of custody. The child objects to return and has attained sufficient maturity, but his objections are substantially influenced by the father. The policy of the Convention and welfare considerations, including the need for decisions to be made by the Italian courts and the importance of repairing A's relationship with his mother, outweigh the objections. The court exercises discretion to order return forthwith, with implementation during the English half-term week.

Court Disposition

Return order granted

Orders

  • A to be returned forthwith to Italy, accompanied by his father, during the English half-term week, no later than Monday 26 October 2020.
  • Parents encouraged to negotiate a welfare solution for A before the Italian court.