If a parent facing child abduction proceedings manages to prove to the court that the other parent was violent to their children, will this be enough to prevent the minors being sent back to the country of habitual residence ?
By: דיאנה שאלתיאל•Published on: 30 May, 2022Not necessarily, as the threshold laid down in the Article 13(b) or “grave risk” defence under the 1980 Hague Convention on the Civil Aspects of Child Abduction is extremely high, and even when crossed, the court still has discretion as to whether to order the minors back.