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.
Download the card and post it on Facebook, LinkedIn, or wherever you're active. Every share helps another litigant find this before their hearing.
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.
Seen a gap between what you thought and the reality? Share yours.
familycourtbridge.org
Navigating court alone?
A McKenzie Friend can help you make sense of this in the context of your own case.
Find your supportCookie Consent
We use essential cookies only, such as remembering this choice and keeping you signed in if you create an account. No tracking or analytics cookies are used.