My 11-year-old son refuses to be returned to the UK and has told the Judge so. Is the Family Court authorized, in a Hague Convention case, to refuse the return of an abducted minor child based on the child’s wish not to be returned to his Country of Habitual Residence?
By: דיאנה שאלתיאל•Published on: 05 March, 2025Yes! The minor’s wish is one of the defenses in the Hague Convention for not returning a minor to his/her Country of Habitual Residence. If the Family Court (who often meets with the minors aged more than 6, in chambers) is convinced that the minor is mature enough to express an independent opinion, and that his wish not to be returned is genuine and not influenced by the abducting parent, then the Court may rule that the minor will not be returned and reject the plea. For instance, the Family Court, (case # 19298-08-23), ruled on December 24th 2023, that the child’s wish such as “grave risk” may be the only reason for not returning a child to his country of habitual residence.