What are possible defenses to having a court order the return of a child?
A. There are several possible defenses that may apply to a particular case, although the different courts in various countries have interpreted the Hague Convention on the Civil Aspects of International Child Abduction somewhat differently. Generally speaking, the Hague Convention allows the following defenses: • the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; • 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 judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views; • The return of the child under t
