This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A parent may argue that because the other side broke their word to the court last time, no promise or undertaking they offer now can be trusted either.
The court looks at whether the specific undertakings on offer now are enforceable and fit the current situation, not simply whether a different undertaking was broken under different circumstances before. An undertaking that is no longer even needed, for example about staying away from a house nobody is returning to, does not carry forward as broken, and a fresh set tailored to the present arrangement can still be relied on.
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The Gap?
"(Hague Convention) If the other parent broke their promises to the court last time, that proves this kind of promise never works."
Court Reality
The court looks at whether the specific undertakings on offer now are enforceable and fit the current situation, not simply whether a different undertaking was broken under different circumstances before. An undertaking that is no longer even needed, for example about staying away from a house nobody is returning to, does not carry forward as broken, and a fresh set tailored to the present arrangement can still be relied on.
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