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.

  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.