FD25P00160 - [2025] EWHC 1176 (Fam)

Protective Measures

The assessment of protective measures was considered in Re E above, paragraphs 35 to 37, and more recently in Re T (Abduction: Protective Measures: Agreement to Return) [2023] EWCA Civ 1415. To be protective, measures need to be effective.

In G v D (Article 13(b) Absence of Protective Measures [2021] 1 FLR 36, MacDonald J emphasised that it is well-established that the courts should accept that, unless the contrary is proved, the administrative, judicial and social service authorities of the requesting State are equally as adept in protecting children as they are in the requested State.

Both Italy and the United Kingdom are contracting parties to the 1996 Hague Convention, meaning that orders or undertakings are recognised by operation of law to safeguard the child upon return by virtue of Articles 11 and 23. In a case where there is a risk of harm under Article 13b of the 1980 Convention, measures can therefore be ordered here to guard against it.