Assumption: "(Hague Convention) If my child says they want to go back, that settles the question of whether they should be returned."
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 believe that if their child says they want to go back to the other country, that settles the question of whether the child should be returned.
Court Reality
A child's stated wish to return doesn't address a separate risk that has nothing to do with that wish, for example a risk arising from the other parent's own mental health. A grave risk defence can still succeed even where the child themselves would prefer to return, if their wishes don't actually engage with that specific risk.
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The Gap?
"(Hague Convention) If my child says they want to go back, that settles the question of whether they should be returned."
Court Reality
A child's stated wish to return doesn't address a separate risk that has nothing to do with that wish, for example a risk arising from the other parent's own mental health. A grave risk defence can still succeed even where the child themselves would prefer to return, if their wishes don't actually engage with that specific risk.
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