A federal appeals panel has rejected an Italian man’s petition to get his two sons back from their mother in the U.S. under the Hague Convention, finding that one of the sons, who is severely autistic, would suffer severe hardship and that the boys should not be separated.

U.S. Court of Appeals for the Second Circuit Judge Guido Calabresi (See Profile) wrote the opinion in Ermini v. Vittori, 13-2025, which was handed down Tuesday, joined by Judges Jose Cabranes (See Profile) and Debra Ann Livingston (See Profile).