L.C.
Maurizio R. v. L.C.
Opinion
Lead Opinion
Johnson, J.
In this action brought under the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670 (Hague Convention), as implemented by the International Child *621 Abduction Remedies Act, title 42 United States Code section 11601 et seq., a father appeals from a decision denying his petition for return of his young son, who was abducted by his estranged wife from Italy and brought to the United States. The trial court found that absent the satisfaction of certain conditions or “undertakings,” return of the child to Italy unaccompanied by his mother would pose a grave risk to his psychological health. The father’s petition for return was denied after he failed fully to satisfy each condition.
We conclude the evidentiary record is sufficient to support the trial court’s factual findings as to the existence of a grave psychological risk. But the undertakings imposed by the court in an effort to ameliorate that risk to the child upon return are problematic. They impermissibly hinge on the abducting parent’s cooperation, and require the father to fulfill a requirement that is beyond his control. We therefore reverse with…