Assumption: "(Hague Convention) If my child says they don't want to go back, the court has to listen and refuse the return."
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 may think that if their child clearly says they don't want to go back, the court is bound to listen and refuse the return.
Court Reality
A child's objection is one factor the court weighs, not a veto. The court first checks whether the child is old and mature enough for their view to count and whether it amounts to a genuine objection rather than a preference. It then considers, at a discretion stage, whether the objection is authentically the child's own or shaped by time spent with, and the influence of, the parent they have been living with.
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The Gap?
"(Hague Convention) If my child says they don't want to go back, the court has to listen and refuse the return."
Court Reality
A child's objection is one factor the court weighs, not a veto. The court first checks whether the child is old and mature enough for their view to count and whether it amounts to a genuine objection rather than a preference. It then considers, at a discretion stage, whether the objection is authentically the child's own or shaped by time spent with, and the influence of, the parent they have been living with.
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