My husband has filed Hague Convention proceedings against me for the return of our 5-year-old daughter from Israel to Poland. He has suffered from drug addiction. Can I use his medical condition as a defense argument?
By: דיאנה שאלתיאל•Published on: 11 March, 2025
No! “Grave Risk” defense in Hague Convention proceedings relates to the “risk” the minor may experience if he/she is return to the country of habitual residence (here-Poland) and not to the left behind parent. Drug problems or any problem that relates to your husband’s parental capacities is not examined in Hague Convention proceedings, but in custody and/or visitation proceedings, that will take place in Israel or Poland, depending on the Family Court’s ruling in the Hague Convention proceedings (see also Case # 19161-02-23)