Decisions to initiate criminal proceedings against both the plaintiff and the defendant are circumstances provided for in paragraph "b" of Article 13 of the 1980 Convention

The position of the court of concentrated jurisdiction:

1. When determining the child's permanent place of residence, the child's current place of residence, social and family environment, and the duration and frequency of stay in the given country are taken into account, including the child's age.

2. The prosecutor's office has opened a criminal case against the father for a crime under Article 572 of the Italian Criminal Code:

Regular and repeated cruelty toward his wife, including threats to take the child away from her, threats of death against his wife, threats to call social services to the house, and lack of respect for his wife and mother.

3. The competent Italian authorities have also opened a criminal case against the mother for the abduction of the child. The criminal prosecution against the mother is currently ongoing.

4. The court hearing established the circumstances specified in Article 13(b) of the 1980 Convention. These facts have been confirmed, as follows from the case materials, namely, the initiation of criminal proceedings against the mother.

5. The mother's representative also explained during the hearing that if the claims were upheld, she would be unable to follow the child and exercise custody of him due to the threat of her arrest, which would result in the child being separated from his mother.

6. Considering that the minor was taken by her mother from Italy, her place of birth, at the age of 1 year and 7 months, i.e., during a period of unconsciousness due to her physical and mental immaturity, to the Russian Federation, where she is currently registered as a resident and receives medical care, social and other developmental support, speaks Russian, and understands only Russian, the plaintiff's arguments regarding the minor's only permanent (usual) place of residence being Italy are unfounded.

7. These circumstances indicate that the child's return would pose a risk of physical or psychological harm.

The Decision of the Kanavinsky District Court of Nizhny Novgorod in case No. 2-1659/2022 dated April 13, 2022.