Assumption: "(Hague Convention) A child's views only matter for the separate "child's objections" defence, not for deciding whether there's a grave risk under Article 13(b)."
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 or advocate may assume a child's views only matter for the separate "child's objections" defence under the Hague Convention, and have no bearing on whether a grave risk exists under Article 13(b).
Court Reality
The Supreme Court has confirmed a child's own views and account of their situation can be directly relevant to assessing whether a grave risk exists under Article 13(b) itself, not only through the separate objections route. Leaving a child's views out of that risk assessment is a legal error.
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The Gap?
"(Hague Convention) A child's views only matter for the separate "child's objections" defence, not for deciding whether there's a grave risk under Article 13(b)."
Court Reality
The Supreme Court has confirmed a child's own views and account of their situation can be directly relevant to assessing whether a grave risk exists under Article 13(b) itself, not only through the separate objections route. Leaving a child's views out of that risk assessment is a legal error.
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