Re GP (wrongful removal)

Minor – Removal outside jurisdiction. A mother removed her eleven-year-old child from Italy to live in the United Kingdom, in breach of the father's custody rights. The Family Division ordered the return of the child to Italy, notwithstanding the child's objection and the risk of the mother's imprisonment if she returned to Italy. The court rejected the mother's submission, under art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980, that there was a grave risk of harm to the child if she was ordered to return to Italy. It held that the possibility of the mother's imprisonment in Italy did not amount to intolerability, within the meaning of art 13(b) of the Convention, that the child's objections were not wholly authentic, and that the father's undertakings, concerning financial support, offered sufficient reassurance in respect of the child's return.

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