1980 Child Abduction Convention : Guide to good practice. Part VI Article 13(1)(b) The Hague Conference on Private International Law – HCCH Permanent Bureau
Contributor(s): The Hague Conference on Private International Law – HCCH Permanent Bureau
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Material type: 
ArticlePublisher: The Hague, The Netherlands : The Hague Conference on Private International Law – HCCH Permanent Bureau, 2020Description: electronic document (82 pages) ; PDF file.ISBN: 978-94-90265-93-9.Other title: Guide to good practice under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction Part VI Article 13(1)(b).Subject(s): LAW | CHILD ABUSE | CHILD EXPOSURE TO VIOLENCE | CHILDREN'S RIGHTS | Convention on the Civil Aspects of International Child Abduction 1980 | DOMESTIC VIOLENCE | FAMILY LAW | GUIDELINES | INTIMATE PARTNER VIOLENCE | JUSTICE | PARENTAL RIGHTS | INTERNATIONALOnline resources: Click here to access online | Access the website | "The Hague Convention, 1980" Summary: This Guide to Good Practice addresses Article 13(1)(b) of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (hereinafter, the “1980 Convention” or simply “the Convention”),7 also known as the “grave risk exception”.
Article 13(1)(b) provides:
“[1] Notwithstanding the provisions of the preceding Article [12], the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that – […]; b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”
The objective of this Guide is to promote, at the global level, the proper and consistent application of the grave risk exception in accordance with the terms and purpose of the 1980 Convention, taking into account interpretative aids such as the Convention’s Explanatory Report, as well as past Conclusions and Recommendations of the Special Commission, and existing Guides to Good Practice on the 1980 Convention. To achieve this objective, the Guide offers information and
guidance on the interpretation and application of the grave risk exception, and shares good practice taken from a variety of jurisdictions.
The Guide is divided into five Sections. Section I presents Article 13(1)(b) as part of the framework of the 1980 Convention. Section II elaborates on the application of Article 13(1)(b) in practice. Section III provides operational guidance and good practice intended to assist courts seised of return proceedings, in their function of managing the process in an expeditious and efficient manner and assessing the grave risk exception when it is raised before them. Section IV contains information about the role of Central Authorities designated under the Convention,13 to assist them in dealing with incoming and outgoing cases where the Article 13(1)(b) exception has been raised. Section V presents useful resources. While the Guide is primarily intended for courts and Central Authorities, it may also assist lawyers and other institutions / bodies. (From the Introduction). Record #6702
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Family Violence library | Online | Available | ON20070004 |
This Guide to Good Practice addresses Article 13(1)(b) of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (hereinafter, the “1980 Convention” or simply “the Convention”),7 also known as the “grave risk exception”.
Article 13(1)(b) provides:
“[1] Notwithstanding the provisions of the preceding Article [12], the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that – […]; b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”
The objective of this Guide is to promote, at the global level, the proper and consistent application of the grave risk exception in accordance with the terms and purpose of the 1980 Convention, taking into account interpretative aids such as the Convention’s Explanatory Report, as well as past Conclusions and Recommendations of the Special Commission, and existing Guides to Good Practice on the 1980 Convention. To achieve this objective, the Guide offers information and
guidance on the interpretation and application of the grave risk exception, and shares good practice taken from a variety of jurisdictions.
The Guide is divided into five Sections. Section I presents Article 13(1)(b) as part of the framework of the 1980 Convention. Section II elaborates on the application of Article 13(1)(b) in practice. Section III provides operational guidance and good practice intended to assist courts seised of return proceedings, in their function of managing the process in an expeditious and efficient manner and assessing the grave risk exception when it is raised before them. Section IV contains information about the role of Central Authorities designated under the Convention,13 to assist them in dealing with incoming and outgoing cases where the Article 13(1)(b) exception has been raised. Section V presents useful resources. While the Guide is primarily intended for courts and Central Authorities, it may also assist lawyers and other institutions / bodies. (From the Introduction). Record #6702
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