Stop Using the Grave Risk of Harm Defense to Shelter Kidnappers from Returning Children Under the Hague Abduction ConventionOver the past decade, the use of the “grave risk of harm” defense has become the “go to” defense by respondents in litigation. This is in part due to the attorneys who representing the parent who improperly removed the child from her home state arguing that the domestic abuse by one parent against the other is effectively per se a grave risk of harm to the child. As I will discuss further below, this conclusion...
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