International Hague Convention Cases – How to Argue Your Case?

Hague Convention Cases: How to Argue Your Case?


Video Transcript

How do you win a Hague Convention case when you’re accused of the parent that wrongfully removed the child from its habitual residence or country of birth you have to prove number one one of three or four things the first one is did the other parent consent to the removal of the child usually you can’t leave a country unless the other parent signs a notarized form giving you consent to leave the country maybe that written consent is enough but if it’s not you have to prove there is a grave risk of harm that if the child was returned to the country that was wrongfully removed from the child would suffer physical or psychological or emotional injury or placed into an intolerable situation that would cause injury to the child now you have to prove this by clear and convincing evidence so you have to show a lot of evidence that shows and meets any one of those elements you will probably have to hire an expert on child psychology a psychiatrist or psychologist that will testify to support your case that if the child was returned there would be risk of grave harm to the child the last possible defense in a hay case is that the parent was not exercising the custodial time prior to the removal now that means if the parent hasn’t seen the child in a year you can make a case that he wasn’t exercising any child custody or visitation in the country that the child was removed from and that would be a valid defense

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