Assumption: "(Hague Convention) If the foreign court's proceedings were unfair to me, the English court will look into that when deciding whether to send my child back."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
A parent resisting a return order sometimes believes that if the foreign court's proceedings were procedurally unfair to them, the English court will factor that in when deciding whether to send the child back.
Court Reality
The English court will not investigate how fairly the child's home country conducted its own proceedings. Complaints about judicial conduct, translation, or process belong in that country's own courts and appeal system, not in a Hague Convention application. English courts give due respect (comity) to the foreign court's ongoing welfare decisions rather than re-examining how they were reached.
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The Gap?
"(Hague Convention) If the foreign court's proceedings were unfair to me, the English court will look into that when deciding whether to send my child back."
Court Reality
The English court will not investigate how fairly the child's home country conducted its own proceedings. Complaints about judicial conduct, translation, or process belong in that country's own courts and appeal system, not in a Hague Convention application. English courts give due respect (comity) to the foreign court's ongoing welfare decisions rather than re-examining how they were reached.
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