The 6 defences in a case of international child abduction
When you are faced with a return request, filed by the other parent, there are several defences possible.
- The requesting parent was not exercising custody rights
- The requesting parent consented to or acquiesced the move
- The child is of sufficient age and maturity and objects to being returned
- The child is well settled and procedure started only after one year
- Grave risk of physical of psychological harm if the child is returned
- Fundamental principles relating to the protection of human rights and fundamental freedoms do not permit return of the child.