The Sixth Meeting of the Special Commission to review the practical operation of the Hague Abduction and Child Protection Conventions has concluded with recommendations for judges, other government officials and experts to consider when confronted with Convention issues. The recommendations strive to improve the way in which the Conventions operate in Contracting States.
The 1980 Hague Child Abduction Convention applies typically where one parent has moved a child abroad without the consent of the other parent and without the permission of a court. Under the Convention, courts are obligated in such cases to return children to the state of their habitual residence unless an exception specified in the Convention is found to be applicable.
One such exception is when a child may face a grave risk of harm if returned. In situations where, for example, domestic violence may be present, courts have inconsistently applied this exception.
Special Commission participants therefore issued several conclusions and recommendations regarding consistent handling of domestic violence allegations and encouraged Contracting States to properly examine with all due speed consistent with the requirement of fair procedures the allegation of violence and the possible risks for the child.
