The 6 defences in a case of international child abduction

When you are faced with a return request, based on the accusation of international child abduction, filed by the other parent, there are several defences possible.

  1. The requesting parent was not exercising custody rights
  2. The requesting parent consented to or acquiesced the move
  3. The child is of sufficient age and maturity and objects to being returned
  4. The child is well settled and procedure started only after one year
  5. Grave risk of physical of psychological harm if the child is returned
  6. Fundamental principles relating to the protection of human rights and fundamental freedoms do not permit return of the child.

You will need to discuss with your lawyer which defense will be usefull and what proof you need for your defence. The return application can be very harmfull to the relationship between the parents. The same goes for the arguments and proof that need to be presented to the court for your defence. Therefore it is wise to discuss this with your lawyer and choose your defence(s) wisely.

You will also have to think carefully about in what way the children will become a part of the procedure. If your defence is based on their statements, and you send proof to the court about their statements, this can effect their wellbeing or even your relationship with them. Off course it can be necessary and in their best interest to include their wishes and/or their statements in the procedure. In the Dutch procedure, a guardian ad litem will be appointed to your child, so that may be the best way to include the child’s wishes.

You will find a lot of information about international child abduction on the website Carefulchildrelocation.com.