000 03899nab a22003497a 4500
999 _c6702
_d6702
005 20250625151529.0
008 200703s2020 ||||| |||| 00| 0 eng d
020 _a978-94-90265-93-9
040 _aAFVC
245 _a1980 Child Abduction Convention :
_bGuide to good practice. Part VI Article 13(1)(b)
_cThe Hague Conference on Private International Law – HCCH Permanent Bureau
246 _aGuide to good practice under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction Part VI Article 13(1)(b)
260 _bThe Hague Conference on Private International Law – HCCH Permanent Bureau,
_c2020
_aThe Hague, The Netherlands :
300 _aelectronic document (82 pages) ; PDF file
520 _aThis 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
650 _9336
_aLAW
650 _9103
_aCHILD ABUSE
650 _aCHILD EXPOSURE TO VIOLENCE
_9130
650 _aCHILDREN'S RIGHTS
_9135
650 _aConvention on the Civil Aspects of International Child Abduction 1980
_96782
650 _aDOMESTIC VIOLENCE
_9203
650 _aFAMILY LAW
_9244
650 4 _aGUIDELINES
_92786
650 _aINTIMATE PARTNER VIOLENCE
_9431
650 _aJUSTICE
_9333
650 _aPARENTAL RIGHTS
_9427
651 _aINTERNATIONAL
_93624
710 _aThe Hague Conference on Private International Law – HCCH Permanent Bureau
_99190
856 _uhttps://assets.hcch.net/docs/225b44d3-5c6b-4a14-8f5b-57cb370c497f.pdf
856 _uhttps://www.hcch.net/en/publications-and-studies/details4/?pid=6740
_zAccess the website
856 _uhttps://www.hcch.net/en/instruments/conventions/full-text/?cid=24
_z"The Hague Convention, 1980"
942 _2ddc
_cREPORT