Rights of Custody – Art. 3
The Italian Court recognized the validity of the father’s request for return since, as a result of the judgment of the Oregan Court, he had custody rights over his daughter which he had been exercising.
Grave Risk – Art. 13(1)(b)
The mother sought to invoke the grave risk of harm exception, arguing that the father used alcohol and drugs. This allegation, however, was not proved. Moreover, the trial court noted that the American court had found that the girl was happy living with her father and was developing appropriately for her age.