Re P (Habitual Residence, Art 13(b) Grave Risk of Harm) [2024] EWHC 1863 (Fam)

Richard Little represented the applicant, the Social Services of Naples, in 1980 Hague Convention proceedings concerning the child ‘P’, aged 7.

The respondent father had brought P to London from Naples while there were ongoing proceedings taking place in Italy. The Italian Court had previously ordered that P be placed in the care of the applicant and in the days prior to the removal had approved that P be placed with members of the maternal family.

The father opposed the application and his submissions included contentions that: The applicant did not have rights of custody; P was habitually resident in England and Wales; P was settled in England and Wales; and if there was a wrongful removal, that an Article 13(b) grave risk exception was established. 

The court concluded that:

1. The applicant had rights of custody which it was exercising immediately before the removal;
2. P was habitually resident in Italy immediately before the removal;
3. P’s removal was wrongful for the purposes of Art.3 of the Hague Convention;
4. F had not made out any of the exceptions or defences to summary return (settlement, habitual residence or grave risk of harm);
5. The principle of comity was particularly significant in this case. The courts in Italy were seized of the matter and best placed to deal with issues relating to P's welfare. As a co-signatory to the Hague Convention, the objectives and policy considerations of the Convention (per Baroness Hale in Re D) weighed heavily in the balance in this case.

A summary return of P to Italy was ordered.

Re P (Habitual Residence, Art 13(b) Grave Risk of Harm) [2024] EWHC 1863 (Fam)

Case note written by Richard Little.

23rd Jul 2024

Richard Little

Call 2000