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Can the “Grave Risk” Exception to Hague Convention Cases Protect Children Subject to Family Violence?  

Author:  Anne L. Perry, J.D..; Joan Zorza, J.D..

Source: Volume 02, Number 02, Fall 2009 , pp.141-153(13)

Family & Intimate Partner Violence Quarterly

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The Hague Child Abduction Convention states that abducted children should be returned to their home countries unless doing so would result in “grave risk” for the children. Previously, this law was interpreted narrowly to define grave risk as applying only to war or natural disaster. More recently, it has also recognized that family violence can cause severe risk. However, if courts decide that the home country cannot protect children from abuse, the grave-risk exception can be overridden. This article reviews recent court decisions regarding the grave-risk exception in cases of child abuse and partner violence.


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