Assumption: "(Hague Convention) If I can show the other parent has done bad or dangerous things, the court will refuse to return my child."
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 opposing return often believes that showing the other parent has done bad or dangerous things will be enough to stop the child being sent back.
Court Reality
The legal threshold under Article 13(b) is high: the risk has to be grave and the resulting situation intolerable, not merely worse than staying. Even serious allegations, taken at their highest, often will not clear that bar where protective measures, such as funded travel, undertakings, or a foreign welfare court already assessing the same allegations, can adequately manage the risk.
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The Gap?
"(Hague Convention) If I can show the other parent has done bad or dangerous things, the court will refuse to return my child."
Court Reality
The legal threshold under Article 13(b) is high: the risk has to be grave and the resulting situation intolerable, not merely worse than staying. Even serious allegations, taken at their highest, often will not clear that bar where protective measures, such as funded travel, undertakings, or a foreign welfare court already assessing the same allegations, can adequately manage the risk.
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