Could an objection of a minor aged around 10, to returning to his ‘home country’ be a valid defence, sufficient enough to prevent a Hague Return order after a finding of child abduction is made?
By: דיאנה שאלתיאל•Published on: 28 June, 2022Possibly. Much depends on which ‘Hague’ country proceedings are being heard. Under the Convention, a child’s objection to being returned to his/her country of habitual residence, following proven child abduction, does constitute a defence, if proven, but no specific age is mentioned, and the mechanism provided for considering a minor’s views, is subject to differing interpretation, according to domestic law. The child must be ‘old’ enough and ‘mature’ enough to have their views taken into consideration, and even if they are considered, they may not necessarily be upheld.